The Western Cape High Court has ruled that peaceful protests without notice to authorities will now be allowed. A Cape Argus report says the groundbreaking ruling followed a Social Justice Coalition (SJC) appeal challenging the criminalisation of the Regulation of Gatherings Act (RGA).

In her ruling yesterday, Judge Thandazwa 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.’ Ndita therefore declared Section 12(1) (a) of the RGA unconstitutional.

The ruling follows a seven month trial in which 10 applicants from the SJC went 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. The Cape Argus report says in bringing the appeal, the SJC said it was not challenging the law in its entirety, but the RGA limited the right to freedom of assembly as guaranteed by the Constitution.

The SJC argued that the distinction between a gathering and a demonstration was irrational as it’s unclear why 16 is an appropriate number to criminalise a gathering. The Minister of Police’s defence argued there had to be a cut-off number.

Full Cape Argus report (subscription needed)