This application determined the constitutionality of sections 43-46 of the Police Force and Auxiliary Act (PFAA) and section 11 (2), (4), (5)-(7) of the Political Parties Act (PPA). The applicants argued that the provisions infringed on their rights to a fair hearing and be heard, freedoms of expression, association and assembly as well as the right to participate in public affairs.
The court determined two main issues: whether the provisions of the Police Force and Auxiliary Services Act and the Political Parties Act were unconstitutional; and whether these provisions should be removed from the statute book without giving the government time to amend.
The court found that the provisions of the PFAA do not curtail assemblies and public processions. Instead, they provide a procedure and time limit to be complied with when convening, collecting or organising any assembly or procession in public places. The court also found that the provisions of the PPA safeguard and control against arbitrary decisions and abuse of power.
Accordingly, the provisions of the PPA and PFAA were declared constitutional and were retained in the statutes.
