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Citizen Contribution: Fr Corner [1995] ZAConAsmRes 1454 (25 May 1995)

 

25 March 1995

I beg to make this further submission in response to your invitation to the public to participate in the constitution making process.

2. I am in no position to determine whether it is the inadequate wording of Sections 18 (Freedom of movement) and 16 (Assembly, demonstration and petition) of the Interim Constitution which prevents appropriate action to cope with current problems of violence, vandalism, etc., or whether it is the application thereof.

3. In any case I suggest that unlimited movement permitted by the Interim Constitution is impracticable. Events indicate that limitation to the extent that those not demonstrating can go about their daily lives without hindrance or intimidation would be justified.

4. It is for consideration whether massive public demonstration is really justified given the facilities for public debate now provided by television and radio.

4. Current events seems to indicate a need in Section 28 (Property) to give property owners greater protection for its peaceful enjoyment and against trespassers and vandals.

5- Recent experience also seems to point to the need for protection against prosecution for members of the armed and police forces acting on lawful instructions and in good faith. Written into the Constitution it could strengthen their will to perform their duties in the best interest of all.







F. Richard Corner