The Regulation of Gatherings Act 205 of 1993 is a old order piece of legislation,
but gives full recognition to the right to freedom of assembly and expression.
These rights are entrenched in sections 16 and 17 of the Bill of Rights and enjoy
a generous interpretation. Section 5 of the Act creates limitations on these rights,
as the responsible officer of a local authority is allowed to prohibit a gathering
when he has reasonable grounds to believe that the police will not be able to
prevent traffic disruption, injury or substantial damage to property. Given the fact
that this limitation serves to protect a compelling state interest, it constitutes a
reasonable and justifiable limitation in terms of section section 36 of the Bill of
Rights. / Law / LL.M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/16284 |
| Date | 11 1900 |
| Creators | Van der Walt, Johannes Albertus |
| Contributors | Carpenter, G. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | Right of -- South Africa.";"Constitutional law -- South Africa.", 1 online resource (41 leaves) |
Page generated in 0.0025 seconds