Enoch Mgijima Municipality v Komani Protest Action (KPA) and Others (444/2023)
Enoch Mgijima Municipality v Komani Protest Action (KPA) and Others (444/2023) [2023] ZAECMKHC 64 (23 May 2023)
The court found that the respondents, while exercising their constitutional rights to protest, failed to comply with the Regulation of Gatherings Act by not giving proper written notice to the municipality. The respondents admitted to violent and unlawful conduct during the protests, including blockades and trashing of streets, which infringed on the rights of other citizens and disrupted municipal operations. The interim interdict sought and obtained was limited to restraining unlawful conduct, not peaceful protest. The court held that the applicant was justified in seeking urgent relief, bu…
Source excerpt
- Freedom Of Assembly
- Interdicts
- Regulation Of Gatherings Act
- Service Delivery Protests
- Municipal Governance
- Balancing Of Rights