Constitutional right of free assembly

This was an application to oppose a relief to interdict the respondents, students at the Durban University of Technology, from protesting in a violent manner that threatens employees and damages the property of the applicant, the Durban University of Technology.

The court determined whether the applicant made a case for a final interdict, and whether the relief sought infringed the respondent's rights to freedom of expression, rights to education and protest in a justifiable manner.

This was an application to have an interim interdict issued against the respondents, students at the University of Cape Town, made final. The respondents were interdicted from entering the applicant's, the University of Cape Town, premises and committing any acts that prevent the applicant from rendering services.

The court determined whether the applicant satisfied the requirements of a final interdict, and whether the interdict restricted the respondents’ constitutional freedom of association, expression and demonstration, and right to dignity.

This application considered the constitutionality of the words “and was not reasonably foreseeable” in section 11(2) (b) of the Regulation of Gatherings Act (the Act).