development. The fact that the right of the child to be protected from
conduct that is detrimental to their moral is enshrined in the South
African Constitution shows the progressive and political will to safeguard
the right.
7.5 The rallies that were attended by the Commission were conducted during
the holidays and during the weekend respectively so it was the parents of
the children who gave those children the go ahead to attend the rallies and
for those who provided entertainment at the rallies their parents had given
their consent. This raises questions as to whether the parents of the children
are aware of their obligation to protect their children from conduct that
makes them vulnerable to abuse. This gives raise to the necessity of raising
awareness with parents on the need to properly provide guidance to their
children for their safety and well-being.
8. Whether or not the right to education was violated
Section 81 (1) (e) of the Constitution provides for the right of the child to
education. The complainants raised the issue that children are forced to
attend political rallies so that they provide entertainment at the rallies and
that as future leaders they get to familiarise with the activities. When political
rallies are conducted on a school day and children are made to attend for
purposes of providing entertainment they are then not able to attend school.
Consequently, when children are unable to attend school due to a political
rally, the right to education is sacrificed. At the Youth Interface rally in Gweru
the violation of the right to education could not be observed since it was
conducted during the school holidays. The Bulawayo interface rally was
also conducted on a Saturday such that the children who attended the rally
did so while in the custody of their parents.
9. Whether or not the right to freedom of association and assembly was
violated
Section 58 (1) and (2) of the Constitution provides as follows: (1) ‘Every person
has the right to freedom of assembly and association, and the right not to assemble
or associate with others ‘(2) No person may be compelled to belong to an
association or to attend a meeting or gathering.’
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