This was an appeal against the judgment of the Regional Court that convicted and sentenced the appellants to a wholly suspended sentence of a fine of R600,00 or three months’ imprisonment. The appellants had been charged with demonstrating in contravention of section 12(1)(e) as read with read with sections 1, 3, 4 and 13of the Regulation of Gatherings Act, 205 of 1995 (“the RGA”).
The applicant, Rhodes University, sought and was granted an interim interdict against the respondents arising from an unlawful protest action. This court determined whether the interim interdict against the respondents, three individual students, the Student Representative Council of the University (“the SRC”), the General Body of Students of the University “engaging in unlawful activities on the Applicant’s campus” and “Those persons engaging in or associating themselves with unlawful activities on the Applicant’s campus”, was constitutional.
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).
