Section 172:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
172. Derogations – Grounds for prohibiting public gathering—The Commissioner of Police (respondent) had prohibited the holding of a peaceful march
by the applicants, on the ground that the Police Force would be fully taken
up with policing the AGOA Conference. The applicant sought the quashing
of the respondent’s decision.
HELD the respondent had acted ultra vires and his decision to prohibit
the march was in violation of the Public Gatherings Act and of the spirit of
CON – 211 [Issue 1]
The Constitution
sections 12 and 13 of the Constitution. He could only prohibit a gathering
where it was not possible to impose appropriate conditions on its being held.
General Workers’ Federation v Commissioner of Police (2003).