From the evidence presented, the Commission found that the protest began as a peaceful, rights-based demonstration following a memorandum delivered by students on 23 May 2024. Private security intervened the next day and fired rubber rounds and chemical agents at seated students. By 27 May, the protest had escalated and shifted toward the N2 highway where students encountered SAPS tactical units that were not trained for public order policing. Fourteen individuals required hospital treatment after sustaining protest related injuries, nine of whom were confirmed students, and three sustained life-threatening injuries. The available photographic and ballistic evidence suggests that both rubber ammunition and prohibited 5.56 mm and 9 mm rounds were likely discharged.

The Inquiry finds that isolated unlawful acts by some students did not remove constitutional protection from the wider assembly and protest. Students remained largely unarmed and peaceful until force was used against them. However, students also bear responsibilities. Some appear to have joined the N2 action without understanding its risks, others reacted to unverified online information, and some experienced intimidation or peer pressure. The Commission encourages student bodies to promote responsible mobilisation, critical engagement based on accurate information and awareness of the legal parameters of protected protest. Although disinformation did not determine events, the Inquiry notes that a false post claiming student fatalities circulated shortly before the police engagement. This underscores the need for swift and accurate institutional communication to prevent confusion and escalation.

The Inquiry finds that several institutions failed in key constitutional and statutory obligations. The University did not activate mediation processes, private security engaged in unlawful crowd control, and SAPS used force inconsistent with legal standards. Oversight bodies also failed to initiate timely investigations. Together, these failures reveal systemic weaknesses in accountability

Key Recommendations

The Commission issues the following recommendations to strengthen accountability and improve future protest management:

South African Police Service
• Retrain members on National Instruction 4 of 2014 and Standing Order 262.
• Institute disciplinary processes for members implicated in unauthorised firearm use.
• Prioritise the rollout of body worn cameras for Public Order Policing (POP) units.
• Prohibit the deployment of National Intervention Unit (NIU) and Tactical Responnse Unit (TRT) to protest sites unless operating under POP command.
• Provide the outstanding ballistic report to the Commission within thirty days.

Walter Sisulu University
• Engage the Student Representative Council (SRC) through a structured meeting to resolve outstanding grievances.
• Review and amend private security contracts to prohibit crowd control functions.
• Adopt a human rights compliant protest protocol developed in consultation with student bodies.
• Ensure counselling, rehabilitation and academic support for all injured students.

Private Security Industry Regulator (PSiRA) and Independent Police Investigative Directorate (IPID)
• Initiate investigations into private security conduct and police firearm use respectively.
• Improve proactive coordination during future protest incidents.

Department of Community Safety
• Establish a real time protest monitoring desk with rapid deployment capacity.
• Publish biannual audits of SAPS compliance with oversight referrals.

Department of Higher Education and Training
• Issue a national directive requiring all universities to adopt constitutional protest management protocols.
• Convene a national dialogue with universities, SAPS, PSiRA and student representatives.

Parliament Portfolio Committee on Police
• Initiate amendments to the Regulation of Gatherings Act to remove the arbitrary fifteen person threshold and to establish clearer, time bound consultation requirements.

Cross Institutional Digital Verification Mechanism
• SAPS and the Department of Community Safety must develop a rapid verification and counter information protocol to address false online content during student protests.

The Commission reaffirms that protest is a constitutionally protected form of democratic participation. South Africa’s history demonstrates the transformative power of student mobilisation. Institutions are therefore required to respond to protest with constitutional facilitation, lawful policing and a commitment to safeguarding human dignity.

The full report is available on the SAHRC website. The Commission will monitor compliance with the recommendations and may convene follow up proceedings where necessary.

Click here to access the report