Public Order and Security Act [Chapter 11:17] as amended at 1st July, 2006
(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 six 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 twenty-seven; 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 that
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;
(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 an organiser of a public 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.
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