By Thapelo Molefe
March and March leader Jacinta Ngobese-Zuma has vowed to continue protesting despite acting Police Minister Firoz Cachalia approaching the High Court to restrict the movement’s demonstrations in parts of Durban.
The matter is scheduled to be heard on Friday, with Cachalia seeking an urgent interdict against Ngobese-Zuma and other members of the movement to prevent them from organising or participating in marches, processions and protest convoys in specified areas of eThekwini.
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Speaking about the application on Thursday, Ngobese-Zuma accused the government of attempting to silence the movement rather than engage with its concerns about immigration enforcement and the treatment of South Africans.
“The point of the interdict is to shut down one voice. If you want to interdict, interdict everyone,” she said.
“If you want dialogue, sit down and talk to everyone who’s affected and listen to everyone. Don’t listen to just one side of the story.”
The application targets protests in parts of Durban’s central business district, Berea and around the Department of Home Affairs Refugee Reception Centre on Che Guevara Road, formerly known as Moore Road.
Cachalia is also seeking to prohibit alleged acts of violence, intimidation and property damage, including assaults, looting, arson and attacks on businesses and Home Affairs premises. The application further seeks to prevent conduct intended to force people to close businesses or leave their homes and workplaces.
The court has yet to rule on the application, which does not seek a blanket nationwide ban on protests.
Ngobese-Zuma said the movement had sought to work with police to ensure demonstrations were conducted peacefully and in an orderly manner.
She said March and March representatives met senior South African Police Service (SAPS) officials in Durban on Monday to discuss cooperation during protests.
“We also don’t want violence. That’s why you as the police are there at our marches. Because we appreciate that. That’s why we write notices to let you know that we’re going to have a march,” she said.
“We tried to get an understanding of how we would have a proper working relationship.”
Ngobese-Zuma said the movement had offered to provide police with a list of planned demonstrations to help officers maintain order.
She questioned why the police had subsequently approached the court to restrict the protests, arguing that the government should engage with the movement instead of seeking to limit its right to demonstrate.
“We’ve shown a willingness to stop the violence. No matter if it’s coming from other people. Sit down with us. Talk to us. But then the same people go to court and say, no, these people don’t even deserve a right to protest. That can’t be fair,” she said.
Ngobese-Zuma said the protests would stop only when the government presented a plan to address the concerns raised by demonstrators.
“The protests will stop when the government has a plan and the government listens to the people and the government does what the people want. That’s how protests stop,” she said.
The dispute has also drawn comment from Stanley Khoza, who has written an open letter to President Cyril Ramaphosa and the police minister, calling on the government to protect the constitutional right to peaceful protest.
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Khoza said Section 17 of the Constitution guarantees everyone the right to assemble, demonstrate, picket and present petitions peacefully and unarmed.
“The right to protest is not a privilege granted by government; it is a constitutional right that government is obligated to protect,” he said.
He argued that individuals who commit crimes during protests should be identified and prosecuted rather than having their actions used to justify restrictions on peaceful demonstrators.
“Those who infiltrate peaceful marches to commit crimes, vandalise property or provoke violence must be identified and prosecuted as individuals. Their criminal actions must never become an excuse to suppress legitimate demonstrations or punish innocent citizens,” he said.
Khoza urged law enforcement authorities to distinguish between peaceful protesters and those responsible for criminal acts, warning against treating criticism as a threat.
“South Africa must never descend into a state where citizens are prevented from exposing dishonesty, double standards, corruption or the unequal application of the law,” he said.
He also warned against restrictions on democratic freedoms and called on South Africans to use their votes in the November 4 local government elections to hold public representatives accountable.
“If our democratic freedoms are threatened, let the people use the most powerful instrument of democracy at their control: their vote on 4th of November 2026, to remind every public office-bearer that political authority belongs to the people and is exercised on their behalf not the other way round,” he said.
In a Facebook post on Wednesday, Ngobese-Zuma said the movement would challenge the application in court and called on supporters to attend the proceedings.
She accused the government of abusing its power and using the courts to undermine the constitutional right to protest.
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In another post on Thursday, she criticised the deployment of the South African National Defence Force (SANDF) to support police operations in Durban, alleging that authorities were prioritising the protection of foreign nationals over South Africans.
The government announced the deployment of 510 SANDF members to support police in maintaining law and order amid heightened tensions in the city.
The legal action follows repeated demonstrations by March and March outside the Home Affairs Refugee Reception Centre, where the movement has campaigned for stricter immigration enforcement and raised concerns about foreign nationals working in the delivery sector.
The protests have taken place amid broader tensions surrounding immigration and allegations of violence linked to demonstrations in Durban.
Asked for comment, Ministry of Police spokesperson Kamogelo Mogotsi told Inside Politics that a statement might be issued later on Thursday.
“There is possibly a statement that will be issued later today by the SAPS. It will clarify the matter. An application was filed,” Mogotsi said.
The case is being heard under Rule 6(12) of the Uniform Rules of Court and refers to the Regulation of Gatherings Act 205 of 1993.
Ngobese-Zuma said the movement intended to march after Friday’s court appearance.
“After our court appearance, we will march. In a democratic country where people died for us to be liberated, we will never succumb to dictatorship tactics. Never,” she said.
