South African protest reflects the struggle to thrive
- Felix Quibe
he right to protest is protected by South Africa’s Constitution, but growing use of interdicts by powerful actors undermines community's from thriving.
The right to protest, assemble and demonstrate is a cornerstone of our constitutional democracy. Protests serve as a powerful expression of dissatisfaction and in most instances are a measure of last resort after all other avenues for addressing an issue have been exhausted, offering marginalised communities a vital platform to voice their concerns. The right to protest enables anyone to voice their grievances and demand accountability when other forms of engagement prove ineffective.
Protests have catalysed numerous social movements worldwide, including #FeesMustFall, #RejectFinanceBill protests and #EndSARS – all of which emerged from the right to protest.
It stands to reason that if everything were okay, there would be no protests. The prevalence of protest indicates a substantial level of discontent amongst the population and signals a shortcoming on the part of the government to fulfill its constitutional obligation to ensure that citizens have appropriate living conditions.
Protest particulars
Thirty-one years into democracy, many South African communities continue to live in poverty, lacking the necessities for a dignified life, such as adequate housing, electricity, water and sanitation. The government’s failure to address these needs has caused deep frustration, pushing people to protest as a way to be heard.
足球竞彩app排名 protests have also long been a feature of South Africa’s democratic landscape. These protests are a response to issues such as financial exclusion, high tuition fees, inadequate housing, institutional racism and substandard campus facilities. They reflect broader societal problems such as inequality and highlight the urgent need for systemic change to create a more accessible higher education system that ensures that all young people have a fair chance to succeed.
Communities in mining-affected areas often find themselves compelled to protest. For these communities, protests are crucial in their struggle for justice, equity and recognition. A visit to these communities highlights the glaring contrast between the wealth generated by mining corporations and the poverty endured by the residents who remain excluded from the economic benefits derived from the extraction of resources from their land.
Interdicts threaten rights
Interdicts are court orders designed to protect a legally recognised right or interest from unlawful interference. In constitutional democracies, interdicts play a crucial role in protecting individuals' rights against unlawful encroachments. However, these legal instruments are increasingly being misused to criminalise protests and demonstrations, sometimes utilised by those in power to silence communities seeking to hold them accountable.
What we are seeing is a trend where interdicts are being used not to prevent unlawful conduct but to deter legitimate protest and silence communities. This has a chilling effect on the rights to freedom of expression, assembly and protest, leaving communities and activists fearful of speaking out or demanding better services.
The increasing use of interdicts by powerful actors in response to rising protest activity signals a bleak future for communities, one where inequality deepens, community voices are silenced and the foundations of our democracy are gradually undermined. It also raises serious concerns about how powerful entities exploit the legal system to stifle protest and dissent. This tactic not only overlooks the underlying issues that drive communities to take to the streets but also undermines core democratic principles. For many, protest is often the only recourse available for addressing the political and social matters that directly impact their lives. By silencing these voices, communities are further disempowered and the cycle of poverty and inequality is perpetuated.
Lawful mobilisation
Communities are fighting for basic services, which are the essential foundation of a dignified life. They cannot truly be said to thrive when governments and corporations neglect to provide those fundamental services to which communities are entitled.
Instead of investing in legal battles to silence community voices, the entities against whom the protests are directed should be utilising their resources for the resolution of the issues. Protests should not be viewed as threats but rather as calls for attention to unresolved grievances.
Our courts have an important role to play and are encouraged to adopt a more nuanced and balanced approach, rather than viewing these matters solely through a corporate lens, as has too often been the case. By understanding the root causes of protests, courts can help create opportunities for meaningful engagement and sustainable, long-term solutions.
- Felix Quibe is an attorney at the Wits Centre for Applied Legal Studies’ Right2Protest Project, where he is dedicated to promoting and protecting the rights of protesters. His work is driven by a commitment to empowering individuals to understand and exercise their constitutional rights, while also serving as a custodian of our Constitution. Quibe believes that the law is a powerful tool for social change and should be utilised to safeguard the rights of marginalised and vulnerable members of our society.
- This article first appeared in?CURIOS.TY,?a research magazine produced by?Wits Communications?and the?Research Office.
- Read more in the 20thissue, themed #Thrive, which explores what it truly means to flourish — across a lifespan, within communities, and on and with our planet.