High Court Declares Komani Protest Unlawful, Issues Interim Interdict

High Court Declares Komani Protest Unlawful, Issues Interim Interdict

The Eastern Cape Division of the High Court has issued an urgent interim order declaring the protest action that took place in Komani on Friday, 6 February 2026, unlawful due to non-compliance with the Regulation of Gatherings Act.

The order was granted on Friday following an urgent application by the Enoch Mgijima Local Municipality. It relates to protest action organised under the banner of the “Claiming Back Our Komani” movement.

According to the court order, the protest did not comply with the requirements of the Regulation of Gatherings Act, 205 of 1993, which governs the lawful organisation of public gatherings and demonstrations.

Interim interdict issued

The court issued an interim interdict restraining the named respondents, as well as any persons associating with them for purposes of protest action, from engaging in conduct that includes the blocking of roads, intimidation, damage to property, violence, or disruption of municipal operations and service delivery.

The order further authorises the South African Police Service and municipal law-enforcement officials to enforce the interdict where necessary.

The matter has been postponed to Tuesday, 3 March 2026 at 09:30, when the respondents will be required to appear before court to show cause why the interim interdict should not be made final.

Background to the protest

Earlier on Friday, scores of residents marched through parts of Komani demanding the removal of the executive mayor of Enoch Mgijima Local Municipality and raising concerns related to municipal governance, water and electricity meters, and service delivery issues.

While there had been earlier discussion around a possible shutdown, organisers later indicated that the shutdown did not materialise and that the action proceeded as a march.

Police were present during the march, escorting protesters as they moved through town, while a Nyala vehicle monitored the situation from the town centre.

Court order to be widely published

In its ruling, the court directed that the interim order be served through multiple channels, including by the Sheriff of the Court, publication on the municipality’s official platforms, distribution to relevant police stations, and display at public venues such as community halls and stadiums.

This measure, the court noted, was intended to ensure that affected parties and the broader public are informed of the legal position regarding protest action.

No final ruling yet

The court emphasised that the order remains interim and that the issues raised will be fully considered on the return date in March.

Until then, the interdict remains in force.