The Constitutional Court has today (13th June 2012) ruled that the law aims to afford victims effective recourse where a gathering becomes destructive and results in injury, loss of property or life. Organisers are obliged to at all times to take reasonable steps to prevent all reasonably foreseeable conduct that causes damage and the reasonable steps must of the kind that render the conduct causing damage unforeseeable.
The majority of the Court held that the defence provided for by law is viable and that the Constitution is reasonable and justifiable because it serves an important purpose and reasonably balances the conflicting rights of organisers, potential participants and often vulnerable and helpless victims of a gathering degenerates into violence.
The judgement means that the organisers of marches and gatherings are liable for damages in the event of those events getting out of control.
ConCourt Rules on Damages Arising from Demonstrations
The majority of the Court held that the defence provided for by law is viable and that the Constitution is reasonable and justifiable because it serves an important purpose and reasonably balances the conflicting rights of organisers, potential participants and often vulnerable and helpless victims of a gathering degenerates into violence.
The judgement means that the organisers of marches and gatherings are liable for damages in the event of those events getting out of control.