Satawu liable for riot damages

2012-06-13 14:18
(file, Sapa)

(file, Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

  • Biting at the Grave
    This is not only a heartfelt narrative but a sustained exercise of moral and political intelligence. Now R355.00
    buy now
Johannesburg - The Constitutional Court has upheld a judgment that holds trade union Satawu liable for a riot damage claim.

The court ruled on Wednesday the South African Transport and Allied Workers' Union (Satawu) was responsible for damages caused during a march in Cape Town in May 2006.

It found that the Regulation of Gatherings Act afforded victims effective recourse when a gathering became destructive and resulted in injury, loss of property, or life.

"The organisations are intimately involved in the planning, supervision, and execution of the gathering, but the potential victims are not," Chief Justice Mogoeng Mogoeng said in the ruling.

"Because of this, the organisations would be in a better position than innocent victims to identify individuals or institutions which caused the damage."

'Soft landing'

He said Satawu had the opportunity of a "soft landing" if it could track down those responsible for the damage caused during the protest and recoup its loss from them.

The majority of the court also held that the defence provided for by the law is viable and that the limitation on the right to freedom of assembly in section 17 of the Constitution was reasonable and justifiable.

Judge Chris Jafta, in a concurring judgment, said Satawu's appeal should be dismissed since it failed to prove that the law limits the right to freedom of assembly.

Satawu took the matter to the court after the Western Cape High Court found the union liable for the damages.

Several car owners and traders who were affected brought the claim.

Upheld

The Supreme Court of Appeal upheld the High Court decision.

The damages were awarded under a provision of the Act, which creates a statutory liability on the part of organisations under whose auspices a demonstration was held.

Satawu argued that the ruling and the wording of the Act would have a chilling effect on union members' rights to organise protests and demonstrations, as it would lead to financial ruin.

The respondents, including the then minister of safety and security, contended the provisions were consistent with the Constitution.
The City of Cape Town had joined as an intervening party and agreed with those sentiments.

The Freedom of Expression Institute sided with Satawu and were admitted as friends of the court.

- SAPA
Read more on:    satawu  |  mogoeng mogoeng  |  chris jafta  |  strikes
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
44 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Music
 

17 photo illusions that look so real

What if they aren’t illusions? What if that dog really has a human foot – then what?

 
 

For chic geeks...

It’s THIS easy for someone to steal your ATM pin!
Check out the speed of this robo-cheetah!
New GIF keyboard on iOS for added fun!
Puppy goes crazy over iPad game

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

There is a tendency to fight against the current today but this will just use up a lot of energy and not get you very far. You...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.