Landmark Gatherings Act ruling today

Constitutional Court to have final say on peaceful, non-disruptive assemblies

THE Constitutional Court (Concourt) is expected to deliver its ruling on the landmark Gatherings Act today.

Two months ago, the Concourt heard the matter after Western Cape High Court Judge Thandazwa Ndita ruled in January that section 12(1)(a) of the Regulation of Gatherings Act was unconstitutional.

The matter was brought forward to the high court by the Social Justice Coalition (SJC) and saw 10 applicants from the organisation go head-to-head with the minister of Police, challenging the criminalisation of conveners who have failed to give notice of a peaceful, unarmed and non-disruptive gathering.

Convening a gathering without notice is a crime in terms of the act (if more than 15 people attend).

In her ruling, Judge Ndita said: “The criminalisation of a gathering of more than 15 people on the basis that no notice was given violates the Constitution as it deters people from exercising their fundamental constitutional right to assemble peacefully unarmed.

“In my judgment the limitation is not reasonable and justifiable in an open democratic society, based on the values of freedom, dignity and equality.”

The minister of Police’s defence argued that there had to be a cut-off number.

Following the ruling the minister appealed the matter, which is now before the Concourt.

In 2013, 21 SJC members and supporters were arrested and charged after they chained themselves to the railings of the Cape Town Civic Centre. The protest was to call for proper sanitation for Khayelitsha residents, and those living in other communities in the city.

While 11 members were acquitted, 10 SJC leaders were convicted under the act. The organisation said it was deeply worrying that the State had chosen to appeal a judgment that was made in the spirit of the Constitution and in order to uphold democracy, freedom and equality.

At the time of the Concourt arguments, Xoliswa Mbadlisa, 52, one of the convicted protesters, said she was hopeful that the Concourt would rule in their favour and that her criminal record would be removed.

“I don’t have a criminal record because I stole something. I have this bad record because I was fighting for development in the BT informal settlement in Site C, Khayelitsha.

“If we succeed, this victory will not for the SJC only, it will be for all South Africans,” she said.