Judgment No. CCZ 9/18 Civil Appeal No. CCZ 5/18 The enjoyment of fundamental rights and freedoms is universally subject to one general rule. The rule is that the fundamental rights and freedoms granted to every person must always be exercised with due regard for the rights and freedoms of other persons. This Rule, which has been part of our constitutional jurisprudence for decades, has been entrenched in s 86 (1) of our Constitution. It therefore presents itself clearly to me that to grant an unqualified right to demonstrate and petition, thereby, on the face of it, constitutionally allowing for violent demonstrations and petitions, would be inimical to many of the rights enshrined in the Constitution. No constitution, properly constructed, can be read as granting a right or freedom that clearly affronts the rights and freedoms of others. Ours is no exception. It is on this basis that I hold that the rights granted by s 59 of the Constitution and the accompanying admonition to exercise such rights peacefully must be read together as forming the contents of the rights. An important consequence flows from reading the rights and admonition in s 59 as one. It is this. The rights granted and guaranteed by the section are the right to demonstrate and the right to petition peacefully. In other words, the rights are protectable only when exercised peacefully. Consequently, where the demonstration or petition is violent, the conduct of the demonstrators or petitioners loses the protection of the Constitution and becomes subject to the provisions of general law. 6