This was a constitutional reference from a Chief Magistrates Court for determination on the alleged contravention of the freedom of association and assembly.
The applicants were charged with the offence of taking part in an unlawful assembly contrary to section 79 of the Penal Code. They all denied the charges. The 2nd and 3rd applicants were released on bail while the 1st applicant who was already in custody was detained there.
This was an application for leave to appeal the decision of the Supreme Court of Appeal (SCA), that upheld a final interdict against five protesters who participated in the “Shackville” protest at the University of Cape Town (UCT), as part of the national #FeesMustFall movement.
This application sought a provisional order to interdict the police from unlawfully interfering with their constitutional right to freedom of assembly, freedom from violence and freedom to demonstrate peacefully. The applicants argued that the actions of the police were unlawful and constituted a threat to applicants’ rights and fundamental freedoms, and contempt of the Constitution.
