Judge Peter Olsen delivered the ruling on 30 October 2026 following an urgent application by Acting Police Minister Firoz Cachalia and KZN Police Commissioner Lt-Gen Nhlanhla Mkhwanazi. They sought restrictions amid concerns over violence, intimidation, looting, and intelligence about a possible plan to burn the Home Affairs Refugee Reception Centre on Che Guevara Road (formerly Moore Road) in Berea.
Key conditions of the interim order
- Protests are limited to daytime hours (commonly reported as 9am–3pm or 9am–4pm, with dispersal time afterward).
- No weapons (including sticks, knobkerries, airguns, or imitation firearms).
- No face coverings, disguises, or masks that obscure identity.
- No violence, intimidation, forcing businesses to close, obstructing roads, property damage, or arson.
- Adherence to designated routes in eThekwini (particularly relevant around the CBD and the refugee centre area).
- Special limits or a temporary pause tied to the 4 November 2026 local government elections (reports indicate a stand-down until around 6–7 November so elections are not disrupted).
The judge stressed that the interim order does not amount to a finding of wrongdoing by March and March or its leaders (including Jacinta Ngobese-Zuma). Full allegations will be tested later. The matter returns to court on 18 January 2027 (with answering affidavits due by late November and replies by mid-January).
March and March, an anti-illegal immigration group, has distanced itself from violence and insisted on its constitutional right to peaceful assembly. Its representatives (including attorney Xolani Zuma) told supporters outside court that they would respect the order, pause marches over the election period, and resume afterward under the new rules. Some supporters were unhappy about the weapons ban (viewing traditional items as cultural expression), but leaders urged compliance.
The ruling balances the constitutional right to protest with public safety and election security concerns after recent unrest in Durban linked to the group’s activities.
