Judge declares section of the Regulation of Gatherings Act unconstitutional
Judge Ndita also set aside the convictions of 10 Social Justice Coalition members charged with contravening the Act, calling the criminal sanction ‘disproportionate to the offence’
This week, Western Cape High Court judge Thandazwa Ndita declared a section of the Regulation of Gatherings Act unconstitutional, and also set aside the convictions of 10 Social Justice Coalition (SJC) members charged with contravening the Act. The case was brought by the SJC against the Police Minister. Equal Education‚ the Open Society Justice Initiative and the UN special rapporteur were admitted as friends of the court (amici curiae). It followed the arrest of 21 members and supporters of the SJC who were charged with contravening the Act in September 2013 after a peaceful protest outside the civic centre in Cape Town. The SJC members had chained themselves to the railing of the building in an attempt to get the attention of mayor Patricia de Lille. According to the Act‚ organisers of gatherings with more than 15 people are required to submit a notice to protest to the city authorities, which the SJC members did not do. Ten members, identified as the conveners of the protest, we...
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