Limitation of right of free assembly

Mlungwana and Others v S and Another (Equal Education, Right2Know Campaign and UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association as Amici Curiae) (CCT 32 of 2018) [2018] ZACC 45 (19 November 2018)

This was an application for confirmation of an order, of constitutional invalidity of section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993 (Regulations), pronounced by the High Court. 

The High Court found that section 12(1)(a) limits the right to assemble peacefully and unarmed, by requiring a convener to give notice of an assembly of more than 15 people.

Khuphe v Officer In Charge Law and Order Section ZRP Bulawayo Central Station and Others (71/05) [2005] ZWSC 79 (27 November 2005)

The appellant was a duly elected Member of Parliament for the Makokoba Constituency in Bulawayo at the time of the incident that led to this appeal. She represented the Movement for Democratic Change, an opposition political party in Zimbabwe. When new constituency boundaries were announced in preparation for the general elections, the appellant called for a meeting of her constituents. More than eighty people from various wards of her constituency attended the meeting. Members of the Zimbabwe Republic Police arrived, broke up the meeting and arrested the appellant.


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