Mlungwana and Others v S and Another (2018)

Description:In a unanimous judgment, the Constitutional Court held that criminalising the failure to give notice of an assembly of more than 15 people, as required by the Regulation of Gatherings Act, limits the right to assemble peacefully and unarmed, as guaranteed by section 17 of the Constitution. The Court found this limitation unjustifiable and declared it to be unconstitutional.

For further information relating to this matter, please visit the Constitutional Court's repository of court cases and documentation.

Peter Clarke
The Trojan Horse
CCAC# 0050