SALC is concerned that the doctrine of common purpose is on occasion used by university councils to punish student leaders where damages of university property occurred during a student protest. SALC is also further concerned where the sanctions imposed on students who participated in a protest has the effect of denying them the right to education. Based on these concerns, SALC supported three students from the University of Swaziland who were brought before internal disciplinary proceedings, which held them liable through the doctrine of common purpose and expelled them from the university. SALC supported the judicial review of the decision of the disciplinary body. The applicants submitted that they were in effect punished for exercising their right to assemble, when they were imputed with the criminal conduct of others, without any evidence being led that the applicants had collaborated in the decision of some of the protesters to damage property. The applicants further submitted that the sanctions imposed on them were disproportionate. The judgment handed down on 18 December 2018 dismissed the application for judicial review and held that there was no evidence that the disciplinary body had acted contrary to its Regulations during the disciplinary proceedings.
Freedom of Expression, Assembly and AssociationNewsSouth Africa
News Release: Constitutional Court confirms that publication by Jon Qwelane constituted hate speech
On 30 July 2021, the Constitutional Court handed down its judgment in the matter of Jonathan Dubula Qwelane v South African Human Rights Commission and Another. Central to the Court’s decision was whether the hate speech provision under Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000…
Staff WriterJul 30, 2021
Business and Human RightsCriminal JusticeFreedom of Expression, Assembly and AssociationHealth RightsRule of LawSubmissionsZimbabwe
SALC SUBMISSION ON ZIMBABWE’S 3RD UNIVERSAL PERIODIC REVIEW
Zimbabwe is in the midst of an economic crisis, which has only been exacerbated by the effects of the COVID-19 pandemic. Lockdown restrictions have led to a decrease in manufacturing, non-mineral exports, hospitality, trade and transport sectors. Despite Zimbabwe’s Constitution, there is a serious deterioration of the political, economic and…
Staff WriterJul 15, 2021
EswatiniFreedom of Expression, Assembly and AssociationNewsSouth Africa
Letter to MTN group president and CEO: Violation of freedom of expression in Eswatini
On 7 July 2021, SALC wrote a letter to the Group President and CEO of MTN group regarding the violation of freedom of expression in Eswatini in light of recent internet shutdown.
Staff WriterJul 7, 2021