The Freedom of Expression Institute is appalled to learn that the South African Roadies Association demonstrators arrested on Tuesday continue to be held in police cells. When crime is so rife in our country, the arrest and detention of innocent demonstrators is a waste of our scarce resources. This is particularly relevant as it is our opinion that parts of the Regulation of Gatherings Act - under which we presume they were arrested - are constitutionally dubious. The Act was passed in 1993 before even the Interim Constitution was introduced. The Constitutional provision on the right to demonstrate in our Constitution states clearly: "Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions".

It is FXI's contention that peaceful demonstrations should be facilitated not disrupted. In this context local authorities should not have the authority to prevent demonstrations while the police should play a positive role by acting as guardians of the public's right to protest instead of being intent on dispersing people exercising their rights.

Regardless of what SARA's gripe with Big Concert is, it is our belief that the protestors should have had the opportunity to express their dissatisfaction and to draw the public's attention to what they perceived was on-going discrimination within the industry.

Although FXI accepts that at times it will be necessary that certain logistics will have to be undertaken to ensure that the property and lives of the public are not threatened during demonstrations, it still firmly believes that peaceful demonstrations strengthen democracy and should therefore be encouraged. Consequently calls for a review of the Regulation of Gatherings Act and better police training in relation to the facilitation of peaceful demonstrations is called for.

Issued by Laura Pollecutt, Executive Director 1 July 1999 083 604 1073