Public Order and Security Act [Chapter 11:17] as amended at 11th January, 2008 (c) incites or encourages persons taking part in the gathering to engage in conduct which amounts to or could reasonably be expected to lead to public disorder or a breach of the peace; he shall be liable, at the suit of any injured party, for any loss of or damage to property and any injury to or death of a person occasioned by any public disorder or breach of the peace caused by or arising out of or occurring at the gathering. (2) Where there is more than one convenor of a gathering, their liability under that section shall be joint and several. (3) In any proceedings in which it is alleged that a convenor of a gathering is liable in terms of subsection (1) for any loss, damage, injury or death, the organiser shall bear the onus of proving on a balance of probabilities— (a) that he gave notice of the holding of the gathering in terms of section twenty- four; (b) that he complied to the best of his ability with any direction or order that is proved to have been made in relation to the gathering. (4) This section shall be construed as adding to, and not as derogating from, any other law under which a convenor of a gathering or any other person may be liable for any loss, damage, injury or death caused by or arising out of or occurring at such a gathering. (5) Subject to Part XIX of the Criminal Procedure and Evidence Act [Chapter 9:07], a court which has convicted a person of any offence in terms of section twenty-four, twenty-five, twenty-six or twenty-seven that involves any loss, damage, injury or death for which that person is liable in terms of this section shall forthwith award compensation to any person who has suffered personal injury or whose right or interest in property of any description has been lost or diminished as a direct result of the offence. 29 Powers of Police17 (1) During the course of a gathering, whether held in compliance with Act or not, and whether consisting of more or less than fifteen persons, a police officer— (a) may, if he or she has reasonable grounds to believe that the Police Force will not be able to provide adequate protection for the persons participating in such a gathering, notify the convener and such persons accordingly; (b) may prevent people participating in the gathering from proceeding to a different place or deviating from the route specified in the convening notice or any amendment thereof or from disobeying any direction or condition to which the holding of the gathering is subject in terms of this Act; (c) may, in the case of a regulating authority not receiving a notice in terms of section 25(1) more than 48 hours before the gathering, restrict the gathering to a place or guide the participants along a route, to ensure— (i) that vehicular or pedestrian traffic, especially during traffic rush hours, is least impeded, or an appropriate distance between participants in the gathering and rival gatherings, or (ii) access to property and workplaces; or 17 Section as substituted by section 7 of Act 18/2007. - 13 -