Public Order and Security Act [Chapter 11:17] as amended at 11th January, 2008
(vi) if a petition or any other document is to be handed over to any person, the place
where and the person to whom it is to be handed over.
(3) If a gathering is postponed or delayed, the convener shall forthwith notify the regulating
authority thereof, and section 26 shall, with such changes as may be necessary, apply to such
postponed or delayed gathering as it applies to gatherings that are not postponed or delayed.
(4) If a gathering is cancelled or called off, the convener shall forthwith notify the
regulating authority thereof and the notice given in terms of subsection (1) shall lapse.
(5) Any person who knowingly fails to give notice of a gathering in terms of this section,
shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment
for a period not exceeding one year or to both such fine and such imprisonment.
26 Consultations, negotiations, amendment of notices, and conditions with
respect to processions, public demonstrations and public meetings to avoid
public disorder11
(1) If a regulating authority in receipt of a convening notice for a procession or public
demonstration is of the opinion that negotiations are not necessary and that the procession or
public demonstration may take place as specified in the convening notice or with such
amendment of the contents of the notice as may have been agreed upon by him or her and the
convener, he or she shall notify the convener in writing accordingly.
(2) If a regulating authority in receipt of a convening notice for a public meeting is of the
opinion that negotiations are not necessary and that the public meeting may take place as
specified in the convening notice, the public meeting may take place without any further
notification, written or verbal, on the part of the regulating authority.
(3) If a regulating authority receives credible information on oath that there is a threat that a
proposed procession, public demonstration or public meeting will result in serious disruption of
vehicular or pedestrian traffic, injury to participants in the procession, public demonstration or
public meeting or other persons, or extensive damage to property or other public disorder, he or
she shall forthwith advise the convener of the perceived threat and invite the convener to a
consultative meeting at a time and venue specified by the regulating authority in order to
explore options to prevent the threat., and shall afford an opportunity to the convener to make
representations thereon to the regulating authority:
Provided that the time for the meeting shall be specified for a date no later than seven days,
in the case of a procession or public demonstration, or five days, in the case of a public meeting,
from the date when the regulating authority received the convening notice.
(4) At a meeting held in terms of subsection (3)—
(a) the regulating authority may invite, or allow to be present, representatives of such
public bodies, including local authorities, and civil society groups, as in the opinion of
such regulating authority ought to be present at such meeting, in order to discuss any
amendment of the contents of the convening notice and such conditions regarding the
conduct of the procession, public demonstration or public meeting as he or she may
deem necessary.
(b) discussions shall be held on the contents of the convening notice, amendments thereof
or additions thereto and the conditions, if any, to be imposed in respect of the holding
11
Section as substituted by section 4 of Act 18/2007.
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