By Lehlohonolo Lehana.
The Johannesburg High Court has dismissed an application by the Democratic Alliance (DA) to block the Economic Freedom Fighters (EFF) national shutdown on Monday.
It was declared unlawful by the court and dismissed. No order regarding costs were made.
The DA approached the Gauteng High Court on Friday, asking it to declare the shutdown itself unlawful in as far as it wasn’t protected under a notice granted in terms of the Gatherings Act.
However, in its ruling on Saturday morning, the High Court did issue an interdict against inciting any form of violence, interruption or shutting down of businesses, public roads and schools on the day.
The judgment states that “calling for, promoting, instigating or organising the blocking of roads or railway lines and or shutting down schools, retail stores and businesses and trade has been stopped”.
“Organising or participating in or inciting others to organise or participate in any unlawful conduct or unlawful protest action and inciting violence are all prohibited.”
The DA welcomed the judgement, especially that no-one’s rights should be violated if they chose to “go to work, go to school, and trade, by any means of intimidation, violence, or coercion.
The main opposition says it believes the interdict will strengthen the arm of law enforcement and security services to uphold the rule of law during the national shutdown.
On Friday, the Western Cape High Court issued a similar ruling that the EFF may proceed with its planned protest, but interdicted from any form of violence.
The National shutdown is expected to take place on Monday across the country.
Meanwhile on Friday morning, Police Minister Bheki Cele told officers during a parade in Mayfair, Johannesburg, they should apply minimum force with transgressors, but show bravery when dealing with those who break the law during the protest.
“You have the right to fill prisons. All police trucks must be on standby to load those who break the law.
“Police vans must be full. If there is no space, continue arresting them. They must sleep standing. Ensure the law takes its course and the law doesn’t retreat. We will see later if they eat, drink or bathe.”