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South Africa Case Law

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Constitutional Law [2018] ZACC 45

Mlungwana and Others v S and Another (CCT32/18)

Mlungwana and Others v S and Another (CCT32/18) [2018] ZACC 45; 2019 (1) BCLR 88 (CC); 2019 (1) SACR 429 (CC) (19 November 2018)

Court
Constitutional Court
Case number
CCT 32/18
Judges
Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlanthla J, Petse AJ, Theron J

Section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993 imposes a criminal sanction on conveners who fail to give notice or give inadequate notice of gatherings, regardless of whether the gathering is peaceful and unarmed. This criminalisation constitutes a severe limitation of the right to freedom of assembly under section 17 of the Constitution, with a broad and chilling effect that deters the exercise of the right by both adults and children. The respondents failed to demonstrate that this limitation is justified under section 36, as the link between criminalisation and the preven…

Source excerpt

  • Freedom Of Assembly
  • Regulation Of Gatherings Act
  • Bill Of Rights Limitation
  • Criminalisation Of Peaceful Protest
  • Constitutional Invalidity
  • Remedies For Unconstitutional Legislation
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Constitutional Law [2018] ZAWCHC 3

Mlungwana and Others v S and Another (A431/15)

Mlungwana and Others v S and Another (A431/15) [2018] ZAWCHC 3; [2018] 2 All SA 183 (WCC); 2018 (1) SACR 538 (WCC) (24 January 2018)

Court
Western Cape High Court, Cape Town
Case number
A431/15
Judges
Ndita, Magona

The court found that section 12(1)(a) of the Regulation of Gatherings Act, which criminalises convening a gathering of more than 15 people without prior notice, constitutes a limitation of the right to peaceful assembly under section 17 of the Constitution. The limitation is not reasonable or justifiable in an open and democratic society, as the criminal sanction is disproportionate to the legitimate purpose of regulating gatherings and facilitating police planning. The effect of a criminal conviction is severe and enduring, especially for vulnerable communities, and deters the exercise of co…

Source excerpt

  • Freedom Of Assembly
  • Regulation Of Gatherings Act
  • Criminalisation Of Peaceful Protest
  • Bill Of Rights Limitation
  • Constitutional Invalidity
  • Notice Requirement
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.