PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:17]
(3) The regulating authority for the area in respect of which an order has been
made under subsection (1) shall ensure that the order and any amendment or
revocation thereof is published—
(a) in the Gazette; and
(b) in a newspaper circulating in the area; and
(c) in such other manner as, in his opinion, will ensure that the order or its
amendment or revocation, as the case may be, is brought to the attention
of persons affected by it.
(4) Any person who is aggrieved by an order given under subsection (1) may
appeal against it to the Minister, and the Minister may confirm, vary or set aside
the order or give such other order in the matter as he thinks just:
Provided that the noting of an appeal in terms of this subsection shall not have
the effect of suspending any order appealed against.
(5) Any person who organises or assists in organising or takes part in or
attends any public demonstration held in contravention of an order under
subsection (1) shall be guilty of an offence and liable to a fine not exceeding level
six20 or to imprisonment for a period not exceeding one year or to both such fine
and such imprisonment.
28
Civil liability in certain circumstances of organiser of public
gathering
(1) If the organiser of a public gathering⎯
(a) has not given notice of the holding of the gathering in terms of subsection
(1) of section twenty-four; or
(b) fails or refuses to comply to the best of his ability with any direction,
notice or order given in terms of section twenty-five, twenty-six or twentyseven; or
(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 organiser of a public gathering, their liability
under this section shall be joint and several.
(3) In any proceedings in which it is alleged that an organiser of a public
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;
20
Before 3rd February, 2006, this was $5 000 dollars.
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