Section 171: Derogations – Communication of decision to prohibit meeting—The

171. Derogations – Communication of decision to prohibit meeting—The applicants desired to hold political meetings and seminars over a 2 day period to coincide with the Francophonie Summit. The meetings would culminate in a protest meeting. The applicants notified the Commissioner of Police of their intention to hold the meeting, but he prohibited the holding of the meeting pursuant to section 4 (3) of the Public Gatherings Act, on the ground that the safety of the dignitaries attending the summit could not be guaranteed if the protest meeting took place. The applicant sought a review of the Commissioner’s decision. HELD section 13 (1) of the Constitution guarantees the right of assembly subject to the derogations listed in section 13 (2). Upon receipt of notice of an intended meeting the Commissioner of Police must proceed on the basis that the meeting will go ahead subject to any conditions which may be imposed. The Commissioner of Police may prohibit the gathering where there are reasonable grounds to believe that the imposition of conditions will not prevent public disorder, damage to property or disruption to the community. Bizlall and anor v Commissioner of Police (1993).