- That the court reviews and sets aside the decision of the National Commissioner of Police to prohibit the applicant and its members from participating in a protest which was scheduled for 18 and 19 September 2018.
- That the court declares that the National Commissioner is enjoined by the Public Order Act to consult the convenor of a protest before he can declare the protest prohibited.
- That the court declares that the National Commissioner of Police is precluded by the Public Order Act from unilaterally declaring a protest prohibited without having explored other possible avenues.
Eswatini: Right to freedom of assembly
Factual Background The Trade Union Congress of Swaziland (TUCOSWA) organized a country wide protest that was to occur on 17, 18, and 19 September 2018. It was to be held in four locations: Mbabane, Manzini, Nhlangano and Siteki. On 10 September 2018, a full seven days before the first day of protest, the General Secretary of TUCOSWA and the officially designated convener of the protest, submitted a Notice of Gathering to the Chief Executive Officer of each of the four municipalities. The protest commenced on 17 September 2018. There were peaceful protests in Mbabane, Nhlangano, and Siteki, however, clashes between the protesters and the police broke out in Manzini. Internal investigations determined that the police were the cause of the altercation when they used unnecessary force to try and disrupt and discontinue the protest. On the morning of 18 September, the union was called into a meeting at the Manzini Police Regional Headquarters and was informed that the National Commissioner of Police had decided to prohibit all further protest actions called by TUCOSWA. The prohibition applied to all towns and cities in Eswatini. There was no consultation or enquiry by the National Commissioner of Police. Furthermore, there were no cogent reasons given for the prohibition. TUCOSWA postponed the protests, and subsequently filed and application in the High Court of Eswatini. In the High Court The applicant accordingly seeks the following orders: