The Durban High Court granted an interim order on 30 October 2026 restricting protests organised by March and March in eThekwini ahead of the 4 November local government elections. The order limits protest activities to daytime hours and prohibits participants from carrying weapons or covering their faces during demonstrations.
Acting Police Minister Firoz Cachalia and KwaZulu-Natal provincial police commissioner Lieutenant-General Nhlanhla Mkhwanazi brought the urgent application, citing violent protest incidents in Durban, including threats to burn down the Home Affairs Refugee Reception Centre on Che Guevara Road. Judge Peter Olsen presided over the case, which responded to police warnings that reactive policing had become ineffective amid repeated disruptions.
Reports differ slightly on the precise time restrictions: some indicate protests may only occur between 9:00 and 16:00, while others mention 10:00 to 15:00. One unverified claim suggested marches could only resume after 6 November. The full wording of the court order remains unavailable, with media describing the ruling as interim and subject to confirmation.
Advocate Nalini Govender, representing the police, highlighted the futility of relying on crowd control measures, stating, “Rubber bullets and tear gas discharged during this reaction cannot undo the damage done.” Judge Olsen remarked on the disconnect with protesters, remarking, “The marchers don’t seem to understand that.” Acting Minister Cachalia noted that unnotified marches forced police to deploy resources on an unplanned basis, straining their ability to maintain public safety.
The restrictions arrive amid heightened political tension as South Africa prepares for local government elections, with authorities concerned about unrest and threats to public safety in the Durban Central Business District and surrounding areas.
South African courts have the authority to limit protest rights when evidence exists of violence or intimidation, balancing these limitations against constitutional rights to assembly.
Community members and political observers in eThekwini await further clarity on the final terms of the court order and any subsequent legal developments. The Cape Flats journalist will monitor updates as the election date approaches.