Re-opening the debate on developing the crime of public violence in light of the violent protests and strikes.
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Date
2015
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Abstract
While section 17 of the Constitution guarantees the right to freedom of assembly, the
violence that often accompanies the exercise of this right culminates in the violation
of the rights of non-protesters to, inter alia, life, dignity, equality and freedom and
security of the person. The crime of public violence is the primary measure in place
for the maintenance of the community’s interest in public peace and order as well as
the protection against the invasion of the rights of other people. Therefore, this
dissertation seeks to lead a debate on the question whether the apparent failure of
the crime of public violence to adequately safeguard the rights of non-protesters
means that the crime falls short of the objectives of section 39(2) of the Constitution
and thus requires to be developed in order to promote the spirit, purport and objects
of the Bill of Rights? If so, how must the development take place in order to meet
these objectives? Addressing the topic for debate invariably leads to an assessment
of the jurisprudential direction the South African courts are likely to take in the
question of developing the crime of public violence as a remedy to the erosion of the
rights of non-protesters during violent protests.
Description
LL.M. University of KwaZulu-Natal, Pietermaritzburg 2015.
Keywords
Strikes and lockouts -- South Africa., Violence -- South Africa., Civil disobedience -- South Africa., Theses -- Criminal law.