authority believes is likely to organize a procession or public demonstration that will be prohibited by the proposed order; and  afford all interested persons a reasonable opportunity to make representations in the matter. The regulating authority must also ensure that the order is published in the Gazette, a newspaper circulating in the area and in such other manner as, in his opinion, will ensure that the order is brought to the attention of persons affected by it. The constitutional right to demonstrate and protest Section 59 of the 2013 Constitution provides that everyone has the right to demonstrate and to present petitions, but these rights must be exercised peacefully. This right is a vitally important democratic right which allows citizens publicly to register their dissatisfaction with the performance of their government or particular policies of government and bring their grievances to the attention of government. In The Bill of Rights Handbook Iain Currie & Johan De Waal 6th ed (2014) at 378, the authors make the following observation about freedom of assembly: “Freedom of assembly creates the space both to speak and to be heard. A single voice is likely to be drowned out in our polity. A choir is far more likely to get its message across. Power in modern nation states invariably concentrates in and around large social formations. As a result, meaningful dialogue often requires the collective efforts of demonstrators, picketers and protesters.” Similarly, in the case of S v Turrell 1973 (1) SA 248 (C) 256, it was held that: “Free assembly is a most important right for it is generally only organized public opinion that carries weight and it is extremely difficult to organize it if there is no right to public assembly.” In the case of In re Munhumeso & Ors 1994 (1) ZLR 49 (S) the Supreme Court addressed extensively the constitutional right to assemble and protest. It highlighted that public assemblies and protests are a highly effective method of bringing grievances to the attention of the authorities and seeking redress for grievances. However, it pointed out there was a need to reconcile this important right with the governmental responsibility to ensure sound maintenance of public order to prevent members of the public from being harmed by violent protest action. Section 58 of the Constitution also guarantees the right to assemble peacefully. Limitations on the right to protest In terms of section 86(1) of the Constitution this right must be exercised reasonably and with due regard for the rights and freedoms of other persons in the Declaration of Rights. Under section 86(2) the right to demonstrate may be limited only in terms of a law of general application. It may only be limited to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom and in deciding whether any limitation meets this criterion a number of relevant factors must be taken into account. These factors are─  the nature of the right concerned;  the purpose of the limitation and in particular whether it is necessary in the interests of such things as defence, public safety and public order;

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