On Tuesday, 20 November, SERI attorney, Zamantungwa Khumalo joined Salaam media’s ShaAqAttack show to discuss the right to protest and the recent Constitutional Court judgment declaring declares section 12(1)(a) of the Gatherings Act unconstitutional. 

Kgabo Senyatsi, Wits Moot Society chair and Axolile Notywala, Secretary General of Social Justice Coalition joined Zamantungwa on the show.

SERI is an amicus in the case representing the UN Special Rapporteur and made submissions based on an international law perspective. SERI’s submissions urged the court to have regard to international law standards and principles when considering the constitutionality of section 12(1)(a) of the Gatherings Act. SERI argued that holding organisers criminally liable for failing to notify authorities about a protest is a restriction to the right to freedom of peaceful assembly.

“This judgment is important for communities to know that there is now one is less hurdle for them to jump to exercise their democratic rights… We have to accept that protest is part and parcel of people exercising their democratic rights and we should remove negative stereotypes and connotations leveled on protestors.“ 

  • Listen to the full podcast here
  • Read more about the case here