The Constitutional Court is expected to deliver its ruling on the Gatherings Act today. Cape Argus reports two months ago, the court 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 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.

In her ruling, 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 appealed the matter.

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