SU 3.3

Question 1

Transformative nature with reference to the Bill of Rights

Answer 1

1. SOCIAL RIGHTS:
   the Constitution contains socio-economic rights such as the right to housing and the right to health-care, section 26-27
2. SUBSTANTIVE AND RETRIBUTIVE CONCEPT OF EQUALITY:
   the Constitution is committed to the achievement of substantive equality. Section 9 and 25
3. MULTICULTURALISM
   the Constitution promotes gender justice, protects language diversity, and respect for cultural traditions within the framework of Ubuntu,
   Section 9(3), 30, and 31
4. HISTORICAL SELF-CONSCIOUSNESS
   Constitutional provisions are not self-evolving but evolving text. The Constitution must be constantly interpreted and reinterpreted to reflect the evolving understanding of needs. Section 1(a) & 7(1)

Question 2

Specific provisions

Answer 2

PART 1 (1853- 1900)
The union of SA was the predecessor of the present-day Republic of South Africa.
PART 2 (1900- 1993)
the union of South Africa was constituted as a self-governing dominion from the four British colonies.

PART 3 (1993 +)
the Interim Constitution gave South Africans irrespective of race or gender of the age of 18 and above the right to vote.

Question 3

Four separate colonies

Answer 3

1. The Cape
2. Natal
3. Transvaal
4. Orange Free State

Question 4

Various reasons for protesting

Answer 4

1. Unequal distribution of land
2. Corruption
3. Service delivery
4. Crime

Question 5

Pre-1948 & Post 1948

Answer 5

Protests took place globally.
During World War ll in South Africa, women also protested.
1948- There was an increase in resistance in South Africa, the start of apartheid.

Question 6

Laws to suppress to political action

Answer 6

1. PROCLAIMATIONS UNDER THE NATIVE ADMINISTRATIONS ACT OF 1927
   - permission from a native commissioner was required before ten or more Africans could assemble in an area.
2. NATIVE LAWS AMENDMENT ACT OF 1957
   - a gathering or meeting could be prohibited if not held in an area specifically zoned for Africans
3. RIOTOUS ASSEMBLIES ACT OF 1956
   - a public gathering that could endanger the public peace between blacks and whites was prohibited

Question 7

Right to protest

Answer 7

• it is regarded as one of the most powerful ways in which individuals can express their views in political issues.
• it is an integral part of a democratic society and is a form of participatory democracy.

Question 8

Scope of Section 17

Answer 8

There is no explicit provision to give effect to the right of protest.

Question 9

Balancing s17

Answer 9

s17 must be balanced against other rights and interests, particularly the right to life, dignity, freedom, and security.

Question 10

Case for Right to Protest

Answer 10

SAWATU v GARVAS
The right to freedom of assembly is central to our constitutional democracy.

Question 11

Relagulations of Gathering Act 205 of 1996

Answer 11

• was promulgated to regulate the holdings of public gatherings and demonstrations in certain places.
  This Act gives effect to section 17 of the Constitution.

Question 12

Limitations…

Answer 12

1. This right is subject to a seven day notice to the local authorities - section 3 of the RGA
2. This Act allows the responsible officer to impose certain conditions on the protest. Facilitation of a peaceful gathering - Section 5 of the RGA
3. Conduct during gatherings must be peaceful, no incitement of violence on any person or group of persons on account of different 5 section 8 of the RGA
4. This Act imposes joint and several liability on the organizers of the gathering for riot damage - section 11 & 12 of the RGA