No masks, no camo, and no sticks: Durban High Court slaps strict interim order on Jacinta Ngobese-Zuma’s March and March movement
The Durban High Court has granted an interim order restricting the March and March movement and its leadership from using violence to force businesses to shut their doors, blocking roads through violent conduct, or wearing masks and security-style uniforms during demonstrations.
Handed down amid a heavy police presence around the Durban court precinct—which houses both the Durban Magistrate’s Court and the High Court—the ruling follows an urgent application brought by the Minister of Police and the KwaZulu-Natal provincial police commissioner after intelligence reports warned of an alleged plot to burn down the Department of Home Affairs Refugee Reception Centre on Che Guevara Road.
Acting in their official capacities, the police leadership brought the application under Section 38(d) of the Constitution in the public interest to protect the rights to life, dignity, and the freedom and security of the person.
Judge cautions movement over Section 17 of the Constitution
While handing down the order, Judge Peter Olsen cautioned the movement’s legal representative, Advocate Sandile Kuboni, against relying on Section 17 of the Constitution—which guarantees everyone the right to assemble, demonstrate, picket, and present petitions, provided it is done peacefully and unarmed.
Kuboni had told the court that March and March relied on this constitutional provision to hold its marches, and objected to what he described as the police's portrayal of the movement and its leaders as violent lawbreakers.
“The impression created is that the respondents have broken the law and are violent. If the applicants were concerned about the elections they should have said so and said they want the protection of the court,” Kuboni argued.
He contended that the police had failed to produce evidence proving the respondents were violent, adding: “They must establish beyond reasonable apprehension.”
Masks, imitation firearms, and military-style clothing banned
Judge Olsen issued a *rule nisi* (an interim court order that becomes final on a specified date unless the respondents show compelling legal reasons why it should not) calling on the movement, its leader Jacinta Ngobese-Zuma, her husband Xolani Zuma, and other senior members to show cause on 18 January 2027 why the interdict should not be made permanent.
Under the order, the leadership must motivate why they should not be permanently barred from:
* Instigating or encouraging assaults, intimidation, and threats against residents, traders, business owners, delivery drivers, and other road users.
* Looting, attacking Home Affairs premises, inciting violence, or intimidating groups of people.
* Performing acts or making statements likely to encourage violence against any person.
The court also placed immediate restrictions on what demonstrators are permitted to carry or wear during marches:
“In connection with any march or gathering or demonstration the respondents are interdicted and restrained from possessing any airgun, imitation firearm, wearing disguises, masks or other items that obscure facial features and prevent identification,” the order reads.
Furthermore, members are prohibited from wearing clothing that resembles the uniforms of security forces, including the South African Police Service (SAPS) and the South African National Defence Force (SANDF).
Peak-hour protest ban and complaints over sticks
Following arguments from Advocate Nalini Govender, representing the police, that demonstrators should not be allowed on the streets during peak traffic hours, the court ordered that March and March demonstrations may only take place between 09:00 and 15:00, with the hour between 15:00 and 16:00 strictly set aside for participants to disperse.
Outside the courthouse, Xolani Zuma addressed supporters and informed them that they would no longer be permitted to carry sticks during marches—an announcement that was met with audible complaints from several members in the crowd.
The interim order takes immediate effect. The respondents have been directed to file their answering affidavits by 27 November, while the applicants must submit their replying affidavits by 11 January 2027 ahead of the 18 January return date.