Oct
22
2019
1982 law criminalised free speech
By Zoë Postman
In a unanimous judgment, read by Justice Leona Theron on Tuesday, the Constitutional Court declared Section 1(1)(b) of the Intimidation Act of 1982 unconstitutional and invalid because it unjustifiably limited the right to freedom of expression.
The section of the Act states that persons will be guilty of an offence if they act in a...
Aug
19
2019
Legal experts have questioned the interdict granted to a group of Eastern Cape farmers, saying it unjustifiably limits the farm workers’ constitutional right to speak out against alleged poor treatment.
By: Anna Majavu
The high court in April granted commercial farmers in the Eastern Cape an interdict against farm workers and non-governmental organisations (NGOs) in the area. But it has been described...
Jul
24
2019
Ruling has implications for the legal concept of derivative misconduct
By Wilmien Wicomb
On 22 August 2012 a group of Dunlop employees started a protected strike that soon turned violent. Despite an interdict and the intervention of the National Union of Metalworkers of South Africa at the time, the violence escalated. On 26 September 2012 all the employees who participated in the...
Nov
20
2018
The ruling will help people hold peaceful protests without fear of getting criminal records
By Wilmien Wicomb
On Monday, after five years of court battles, ten people who protested without permission in 2013 finally could rest easy that they would not get criminal records. Here’s an explanation of what the Constitutional Court judgment in the case known as SJC10 means.
Section 17 of the Bill...
Nov
19
2018
Ten Social Justice Coalition members who chained themselves to Cape Town civic centre will not have criminal records
19 November 2018 By Zoë Postman
The Constitutional Court has ruled that the failure to give notice of a protest should not be made a criminal offense.
The judgement, delivered on Monday morning in a case that has become known as the SJC10, was unanimous....