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Published On: October 31, 2026 Categories: Crime & Court

South African Court Allows March and March Protests Under Strict Conditions

A South African court has allowed the anti-immigration group March and March to proceed with its planned demonstrations in Durban, but imposed strict conditions aimed at preventing violence, property destruction and threats to public safety.

South African Court Allows March and March Protests Under Strict Conditions

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A South African court has granted permission for the controversial March and March movement to hold its planned demonstrations, rejecting an application to completely stop the protests but introducing restrictions on how they can be conducted.

Judge Peter Olsen ruled that the demonstrations could proceed under revised conditions following amendments to the government's court application.

Under the ruling, participants will be permitted to march between 9 a.m. and 3 p.m. They are prohibited from carrying weapons, covering their faces, destroying property or setting buildings on fire.

The matter is expected to return to court next year for further consideration.

The decision comes amid heightened tensions in Durban over anti-immigration demonstrations, allegations of xenophobic violence and growing concerns about the safety of foreign nationals.

Police Minister Sought to Stop Demonstrations

The court proceedings were initiated by Acting Police Minister Firoz Cachalia, who sought to prevent the demonstrations on grounds that they posed a threat to public order and the safety of foreign nationals.

Cachalia's application cited police intelligence suggesting an alleged plan to set fire to the Home Affairs Refugee Reception Centre in Berea, an inner-city suburb of Durban where asylum seekers visit to obtain documentation.

Authorities also raised concerns about misinformation surrounding a July Constitutional Court ruling on asylum seekers' access to South Africa's asylum system.

According to police, the misinformation has contributed to rising tensions and hostility towards migrants, particularly those seeking asylum.

The government argued that allowing demonstrations without sufficient restrictions could further destabilise the situation and expose vulnerable communities to violence.

Police Warn of Widespread Violence in Durban

During Friday's court proceedings, lawyers representing the police warned that the security situation in Durban had deteriorated significantly.

They told the court that the situation had "degenerated into lawlessness" and that ordinary reactive policing was no longer sufficient to contain the violence.

More than 400 police officers had reportedly been deployed to manage the unrest, but the legal team argued that the deployment had proved insufficient to prevent widespread violence.

The police also warned that officers were already facing considerable demands ahead of South Africa's November 4 local government elections.

The security concerns formed a central part of the government's argument for restricting the demonstrations.

March and March Defends Constitutional Right to Protest

The March and March movement defended its right to demonstrate, arguing that peaceful protest is protected under South Africa's Constitution.

The group distanced itself from acts of violence and maintained that it should not be held responsible for criminal activities committed by individuals participating in or associated with demonstrations.

Speaking to reporters before the ruling, the movement's legal representative, Xolani Zuma, accused authorities of attempting to suppress public expression.

"The agenda is to try and silence the people," Zuma said.

He also argued that illegal immigration was a major concern for South Africans.

"The real problem are illegal immigrants who are here in the country and terrorising people," he added.

The court's decision allows the movement to exercise its right to protest while requiring participants to comply with restrictions intended to protect public safety.

Anti-Immigration Demonstrations Intensify Political Tensions

The demonstrations come at a politically sensitive time, just days before South Africa's local government elections scheduled for November 4.

Populist movements organising anti-immigration protests have accused foreign nationals of taking employment opportunities and placing additional pressure on public services.

Immigration has consequently become a major political flashpoint, with demonstrations drawing attention to unemployment, access to healthcare, housing and other social services.

However, concerns have also grown over the targeting of foreign nationals and the spread of xenophobic sentiment.

Police say at least five foreign nationals have been killed in anti-migrant violence this year, although some African governments have reported higher figures.

Authorities have not yet established the nationality of a victim killed during violence last week, with investigations continuing.

Foreign Nationals Face Growing Safety Concerns

The latest developments have raised concerns among migrant communities and neighbouring African countries over the protection of their citizens living and working in South Africa.

The country has previously experienced waves of xenophobic violence, resulting in deaths, injuries, destruction of businesses and displacement of foreign nationals.

The renewed tensions have placed additional pressure on law enforcement agencies to prevent further attacks and protect vulnerable communities.

For the government, the challenge is balancing constitutional freedoms, including the right to peaceful assembly, with its responsibility to maintain public order and protect human life.

Court Ruling Sets Conditions for Demonstrations

Judge Olsen's decision represents a compromise between the government's concerns about public safety and the movement's constitutional right to demonstrate.

Although the protests have been allowed to proceed, the restrictions prohibit activities that could escalate into violence or criminal damage.

The return of the matter to court next year is expected to provide another opportunity to examine the circumstances surrounding the demonstrations and the effectiveness of the restrictions.

Meanwhile, police remain under pressure to maintain security in Durban as political tensions, anti-immigration sentiment and concerns over violence continue to shape the debate ahead of the local elections.

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