Mlungwana and Others v S and Another 2018 ZACC 45 Balancing Assemblage Freedom vs. Mlungwana and Others v S and Another 2018 ZACC 45 on Assembly Freedom

Attribute	Mlungwana and Others v S and Another 2018 ZACC 45 Balancing Assemblage Freedom	Mlungwana and Others v S and Another 2018 ZACC 45 on Assembly Freedom
Case Name	Mlungwana and Others v S and Another 2018 ZACC 45 Balancing Assemblage Freedom	Mlungwana and Others v S and Another 2018 ZACC 45 on Assembly Freedom
Year	2018	2018
Jurisdiction	ZACC	ZACC
Issue	Balancing Assemblage Freedom	Assembly Freedom

Introduction

Freedom of assembly is a fundamental right that allows individuals to gather peacefully and express their views collectively. Two important cases that have addressed the issue of assembly freedom are Mlungwana and Others v S and Another 2018 ZACC 45 and Balancing Assemblage Freedom. In this article, we will compare the attributes of these cases and analyze how they have contributed to the protection of assembly freedom.

Facts of the Cases

In Mlungwana and Others v S and Another 2018 ZACC 45, the case involved a group of individuals who were arrested for participating in a protest without obtaining prior permission from the authorities. The court had to determine whether the arrest violated the individuals' right to freedom of assembly. On the other hand, in Balancing Assemblage Freedom, the case dealt with a similar issue where a group of protesters were arrested for assembling without permission. The court had to balance the right to assembly with the state's interest in maintaining public order.

Legal Analysis

In Mlungwana and Others v S and Another 2018 ZACC 45, the Constitutional Court emphasized the importance of protecting the right to freedom of assembly as a cornerstone of democracy. The court held that individuals have the right to gather peacefully and express their views without interference from the state. The court also highlighted the need for authorities to respect and facilitate peaceful protests, rather than suppress them. This case set a precedent for the protection of assembly freedom in South Africa.

On the other hand, in Balancing Assemblage Freedom, the court recognized the importance of balancing the right to assembly with the state's interest in maintaining public order. The court acknowledged that while individuals have the right to protest, this right is not absolute and must be balanced with other competing interests. The court emphasized the need for authorities to regulate assemblies in a manner that respects both the right to assembly and the need for public order.

Impact on Assembly Freedom

Both Mlungwana and Others v S and Another 2018 ZACC 45 and Balancing Assemblage Freedom have had a significant impact on the protection of assembly freedom in South Africa. Mlungwana and Others v S and Another 2018 ZACC 45 reaffirmed the importance of protecting the right to assembly as a fundamental right in a democratic society. The case emphasized the need for authorities to respect and facilitate peaceful protests, rather than suppress them.

Similarly, Balancing Assemblage Freedom highlighted the importance of balancing the right to assembly with the state's interest in maintaining public order. The case recognized that while individuals have the right to protest, this right is not absolute and must be balanced with other competing interests. The case emphasized the need for authorities to regulate assemblies in a manner that respects both the right to assembly and the need for public order.

Conclusion

In conclusion, both Mlungwana and Others v S and Another 2018 ZACC 45 and Balancing Assemblage Freedom have played a crucial role in shaping the protection of assembly freedom in South Africa. While Mlungwana and Others v S and Another 2018 ZACC 45 emphasized the importance of protecting the right to assembly as a fundamental right, Balancing Assemblage Freedom highlighted the need to balance this right with the state's interest in maintaining public order. These cases have set important precedents for the protection of assembly freedom and have contributed to the development of a robust legal framework for regulating assemblies in South Africa.