Following nationwide student protests under banners such as #FeesMustFall, a protest known as “Shackville” took place on the University of Cape Town (UCT) campus from 15 to 17 February 2016. The protest involved the erection of an unauthorised shack in a main campus roadway, blocking traffic and pedestrian access. Protesters, including the appellants, engaged in conduct that included preventing access to areas of campus, damaging and defacing property, spray-painting statues and memorials with offensive slogans, burning artworks valued at approximately R700 000, setting fire to vehicles and a shuttle bus, and threatening further arson attacks. UCT obtained an urgent interim interdict against several individuals, later seeking a final interdict against the five appellants. The Western Cape High Court granted a final interdict with extensive prohibitions, including barring the appellants from entering campus without written consent. The appellants appealed to the Supreme Court of Appeal (SCA), challenging whether the requirements for a final interdict had been met and the breadth of the relief granted.
The appeal succeeded in part. The SCA amended the High Court order by removing the blanket prohibition on the appellants entering or remaining on UCT premises, but confirmed interdicts restraining them from erecting unauthorised structures, damaging or defacing property, participating in or inciting unlawful conduct or unlawful protest action, and inciting violence. Save for this amendment, the appeal was dismissed, with each party ordered to pay their own costs.
The case is significant for clarifying the application of the law of interdicts in the context of student protests and constitutionally protected protest action. It confirms that while protest rights are recognised, universities are entitled to protect property, safety, and the rights of others, and that unlawful and violent conduct may be interdicted. Importantly, the judgment emphasises that interdicts must be appropriately tailored and should not impose broader restrictions than necessary, even in highly charged protest contexts.