Limitation of right of free assembly

Francis Muhingira Garatwa & Others vs Attorney General (Consolidated Misc. Civil Cause No.4 of 2018 & Misc. Civil Cause No.8 of 2018) [2020] TZHC 2861

This application determined the constitutionality of sections 43-46 of the Police Force and Auxiliary Act (PFAA) and section 11 (2), (4), (5)-(7) of the Political Parties Act (PPA). The applicants argued that the provisions infringed on their rights to a fair hearing and be heard, freedoms of expression, association and assembly as well as the right to participate in public affairs.

S v The Council of the University of Malawi Ex-parte Bulaula and Others (94 of 2015) [2016] MWHC 504 (26 April 2016)

The High Court upheld a decision by the respondent (the Council of the University of Malawi) suspending the applicants from the Polytechnic, in Blantyre, following violent demonstrations which took place at the Polytechnic and extended to adjoining places. This was an application, by the 4th applicant (a student suspended from the polytechnic following the demonstrations) for an order of stay of execution of a judgment of the High Court, pending appeal, in a judicial review application brought against the respondent.

Malawi Law Society and Others v State and Others (Misc Civil Cause No. 78 of 2002) [2002] MWHC 54 (21 October 2002)

This was an application to nullify presidential directives given at a political rally. The directive banned and criminalised public processions or mass rallies against a constitutional amendment that sought to allow the president to serve an unlimited office term. The applicants argued that the ban violated their rights to freedom of association, assembly and demonstration, expression, conscience, opinion, and political rights, as guaranteed in sections in sections 32, 33, 34, 35, 38 and 40 of the Constitution.


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