Judgment No. CCZ 9/18 Civil Appeal No. CCZ 5/18 The applicants noted an appeal to the Supreme Court against the dismissal of the applications. During the hearing of the appeal, the Supreme Court referred to this Court the question I have set out above. Against this factual backdrop, I will proceed to answer the question referred to this Court by the Supreme Court. In answering the question, I will confine myself to an analysis of the rights or freedoms that were limited by the first respondent using the powers granted to him by s 27 of POSA. I do so notwithstanding that counsel for the applicants has made broad submissions impugning the limitation in s 27 of POSA generally and against a number of other fundamental rights and freedoms enshrined in the Constitution. THE CONSTITUTIONAL PROVISION The fundamental rights whose enjoyment was limited by the first respondent are the freedom to demonstrate and to petition. These rights are enshrined in s 59 of the Constitution in very precise and concise terms as follows: “59 Freedom to demonstrate and petition Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully.” Quite obviously, the rights that are guaranteed by the Constitution in s 59 are the right to demonstrate and the right to present petitions. Noteworthy however is that in the same provision that it enshrines these two rights, the Constitution also admonishes that the rights must be exercised peacefully. 4