Freedom of peaceful assembly and (un)constitutional limitations in South Africa

This South African case is a landmark case concerning the right to freedom of peaceful assembly. A fundamental right, which is frequently ideally «merged» –or «confused into» –freedom of speech and association, though it represents a human right on its own. In Mlungwana, the ZACC has secured this fundamental freedom from possible abuses by State’s authorities. Indeed, as it will be discussed, this case follows a path that has been already drawn by the constitutional Court its previous case law. It represents a further development of the meaning of one of the most crucial constitutional guarantees in a constitutional democracy