Constitutional right of free assembly

This petition was an appeal against the decision of the High Court which held that the petitioners breached Section 6 (7) of the Public Order Act (the Act). Section 6(7) of the POA prohibits the holding of public meetings, processions or demonstrations, where the police notify the conveners that they cannot adequately police such events. The petitioners argued that the High Court erred since the prohibition to hold the demonstrations violated their freedoms of expression, assembly and association, as guaranteed by articles 20 and 21 of the Constitution.

This was an application in terms of article 50 of the Constitution to enforce the rights to protection under the law, fair hearing and work, and freedoms of expression, assembly, association and conscience guaranteed under articles 21(1), 28(1), 29 and 40(2) of the Constitution, respectively.

This was an application seeking an order to declare the closure of an ongoing workshop unconstitutional and an infringement of the rights to freedom of assembly, speech and expression, association and equality before the law.

The court determined whether the applicants’ abovementioned rights were infringed by the closure of the workshop. The court held that the workshop was illegal as it engaged in the direct and indirect promotion of same-sex practices which is prohibited by the Penal Code Act.