The Constitutional Court has upheld a Western Cape High Court ruling which found that the legislation under which 10 activitists were convicted in 2013 was unconstitutional.
The group were arrested for protesting over poor sanitation in Khayelitsha. They had not given notice of the protest as was required by law.
The case coincides with World Toilet Day which is about inspiring action to tackle the global sanitation crisis.
The group had chained themselves to the centre’s railing, waiting for the mayor’s response as they demanded answers over poor sanitation in Khayelitsha.
The Western Cape High Court overturned the convictions in January this year, declaring the relevant legislation unconstitutional because it criminalises peaceful protest.
The Social Justice Coalition has asked the ConCourt to confirm the High Court’s ruling, while the police minister was opposing the application.
The Western Cape High Court has already declared Section 12(1)(a) of the Regulation of Gatherings Act unconstitutional, saying the limitation is not reasonable and justifiable in an open and democratic society, based on the values of freedom, dignity and equality.
Justice Petse delivered the unanimous judgment in the Constitutional Court saying the appeal of the state respondents against the high court declaration of constitutional invalidity is dismissed.
“The declaration by the High Court that section 12(1)a of the regulations of gatherings act 205 of 1993 is constitutionally invalid is confirmed, to the extent that it makes the failure to give notice or the giving of inadequate notice by any person who convenes a gathering a criminal offence.”
