Public Order and Security Act [Chapter 11:17] as amended at 1st July, 2006
26 Prohibition of public gatherings to avoid public disorder
(1) Without derogation from section twenty-five, if a regulating authority believes on
reasonable grounds that a public gathering will occasion public disorder, he may by notice in
terms of subsection (3) prohibit the public gathering.
(2) Whenever it is practicable to do so, before acting in terms of subsection (1), a
regulating authority shall afford the organiser of the public gathering concerned a reasonable
opportunity to make representations in the matter.
(3) A notice given under subsection (1) shall have effect immediately it is issued and shall
be published—
(a) in a newspaper circulating in the area to which the direction applies; or
(b) by notices distributed among the public or affixed upon public buildings in the area to
which the direction applies; or
(c) by announcement of a police officer that is broadcast or made orally:
Provided that, where practicable, the regulating authority shall ensure that the notice is
reduced to writing and served on the organiser of the public gathering to which it relates.
(4) Any person who is aggrieved by a notice given under subsection (1) may appeal against
it to the Minister, and the Minister may confirm, vary or set aside the notice 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 notice appealed against.
(5) Any person who knowingly opposes or fails to comply with a notice given under
subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
27 Temporary prohibition of holding public demonstrations within particular
police districts
(1) If a regulating authority for any area believes on reasonable grounds that the powers
conferred by sections twenty five and twenty six will not be sufficient to prevent public disorder
being occasioned by the holding of public demonstrations or any class thereof in the area or any
part thereof, he may issue an order prohibiting, for a specified period not exceeding three
months, the holding of all public demonstrations or any class of public demonstrations in the
area or part thereof concerned.
(2) Whenever it is practicable to do so, before acting in terms of subsection (1), a
regulating authority shall—
(a) cause notice of the proposed order to be published in the Gazette and in a newspaper
circulating in the area concerned and to be given to any person whom the regulating
authority believes is likely to organise a public demonstration that will be prohibited
by the proposed order; and
(b) afford all interested persons a reasonable opportunity to make representations in the
matter.
(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 revocation thereof is published—
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