Constitutional Court strikes powerful blow in favour of peaceful protest
The court struck down a law and set aside the convictions of 10 people, aligning itself with the stance of progressive democracies on the right to freedom of assembly
The Constitutional Court on Monday struck down a law which made it a criminal offence to convene a peaceful march without notifying the responsible officer of a municipality. The court also set aside the convictions of 10 people‚ found guilty by the Bellville Magistrate’s Court of contravening section 12(1)(a) of the Regulation of Gatherings Act. Ten members of the Social Justice Coalition‚ a non-governmental organisation‚ were arrested in 2013 after chaining themselves together on the steps of the Cape Town Civic Centre‚ demanding to meet the mayor. For years they had tried‚ without success‚ to address chronic sanitation problems in Khayelitsha with the city. For their demonstration‚ they had intended to stay within the law by having only 15 protesters‚ but the crowd swelled and the conveners of the gathering were charged. They appealed against the convictions in the High Court in Cape Town and challenged the constitutionality of section 12(1)(a) of the act. The high court upheld t...
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