South Africa Case Law

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

De Vos N.O and Others v Minister of Justice And Constitutional Development and Others (CCT 150/14)

De Vos N.O and Others v Minister of Justice And Constitutional Development and Others (CCT 150/14) [2015] ZACC 21; 2015 (2) SACR 217 (CC); 2015 (9) BCLR 1026 (CC) (26 June 2015)

Court

Constitutional Court

Case number

CCT 150/14

Judges

Mogoeng, Moseneke, Froneman, Khampepe, Leeuw, Madlanga, Nkabinde, Tshiqi, Van der Westhuizen, Zondo

The Constitutional Court held that section 77(6)(a)(i) and (ii) of the Criminal Procedure Act unjustifiably mandated detention of accused persons with mental disability.

• Deprivation Of Liberty
• Mental Health And Criminal Responsibility
• Children's Rights
• Equality And Non Discrimination
• Remedies For Unconstitutional Legislation
• Freedom-and-security-of-the-person