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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Colonial relics I: the requirement of a permit to hold a peaceful assembly
Author:Stevens, Joanna
Year:1997
Periodical:Journal of African Law
Volume:41
Issue:1
Pages:118-133
Language:English
Geographic term:Subsaharan Africa
Subject:freedom of association
Abstract:Over the last three years, courts in Ghana, Zimbabwe, Tanzania and Zambia have struck down, as contrary to the constitutional rights to freedom of assembly and expression, legislation requiring that a permit be obtained prior to holding a peaceful assembly. This article assesses the interpretation by these courts of the relevant limitation clauses under the respective constitutions. It distinguishes five broad tests under which the courts reached their conclusions and illustrates how the approach adopted by the courts of West, Southern and East Africa, although unaware of each other's decisions, was very similar. General principles of constitutional interpretation established for the first time in a respective jurisdiction under these cases are also highlighted. Finally, the article raises the question as to why assembly permit laws, which were first enacted during colonial times, are being challenged as unconstitutional for the first time and argues that the presence of one-party and military regimes had the effect of casting a shadow over the constitutional provisions relating to freedom of assembly and expression. It is suggested that these series of cases signify a turning point in the development of constitutional law in Commonwealth Africa with respect to civil rights. Notes, ref., sum. (p. III).
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