International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

When Human Rights Congregate With Public Order Policing: A South African Perspective
Mwanawina Ilyayambwa

The maturity and practice of democracy has led to the development of civil and political rights throughout the world, however, the jurisprudence remains grey on how to reconcile political rights, in particular the right to protest and the obligations of the state to keep the public order. This paper will discuss the obligations of the South African state in relation to civil and political rights of the people as reflected against the obligations of the state to maintain law and order. The paper will interrogate not only the rights of the citizenry in terms of freedom of association and expression but also discuss the dilemma that state agencies find themselves in when their obligations to maintain law and order are prima facie viewed as a human rights violations by the citizenry.

Full Text: PDF