Is it illegal to surf in the Western Cape (or swim, kite surf, windsurf, kayak etc)? Sporting activities are allowed (Reg 84(16)). The sea is not closed. However … (1 of 6)
Beaches are closed (Reg 84(9)) unless you are fishing with a permit. A beach is defined in regulations under NEMA as: (2 of 6)
So, if you got into the sea from a jetty or grass or something other than sand, you would not be breaching the beach closure and entitled to conduct your sport in the ocean. More importantly … (3 of 6)
It is not an offence to be on the beach (Reg 87) and you cannot be fined or arrested for being on the beach. You can only be fined or arrested for holding a gathering in contravention of the regs and *refusing to disperse* when ordered to by SAPS Reg 84(17)). (4 of 6)
The definition of“gathering” in the regs doesn’t mention the number of people. 1 person clearly cannot constitute a gathering. The Regulation of Gatherings Act requires >15 people. An individual crossing the beach to get into the water would not be a“gathering”. (5 of 6)
Sanparks rangers only have authority to enforce environmental laws. They cannot enforce the lockdown regulations. (6 of 6)
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