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Since the advent of constitutional democracy in South Africa eight years ago, the crucial rights of freedom of expression, assembly and demonstration were, for the first time perhaps, brought into sharp focus during the World Summit on Sustainable Development in Johannesburg in August 2002. This much was borne out by the nature of the relationship that existed between the state and individuals regarding how these essential rights could be exercised during the summit. At best that relationship was steeped in confrontation. It is against this simmering background that the "right to dissent" workshop has been planned. By and large, the workshop aims to explore the tension between the right of individuals to express themselves freely through the medium of assemblies and demonstrations as guaranteed by the constitution, and the state's authority to regulate such right in terms of national legislation.

The Freedom of Expression Institute invites you to a
Workshop on

The Right to dissent:
Freedom of expression, assembly and demonstration in South Africa; Lessons
from the World Summit on Sustainable Development (WSSD)

Since the advent of constitutional democracy in South Africa eight years
ago, the crucial rights of freedom of expression, assembly and demonstration
were, for the first time perhaps, brought into sharp focus during the World
Summit on Sustainable Development in Johannesburg in August 2002. This much
was borne out by the nature of the relationship that existed between the
state and individuals regarding how these essential rights could be
exercised during the summit. At best that relationship was steeped in
confrontation.

On the one hand individuals expressed their readiness to assemble and
demonstrate with or without the state's sanction, while on the other, the
state indicated, and indeed demonstrated its strong determination to employ
force and stop all gatherings that did not conform to the law. In the run up
to and during the summit itself, many people were arrested while others
suffered injuries when police used force to disperse what they considered to
be 'illegal gatherings'.

It is against this simmering background that the "right to dissent" workshop
has been planned. By and large, the workshop aims to explore the tension
between the right of individuals to express themselves freely through the
medium of assemblies and demonstrations as guaranteed by the constitution,
and the state's authority to regulate such right in terms of national
legislation.

Speakers have been drawn from a wide range of backgrounds including
constitutional law experts, academics, civil society activists, the local
authority and the South African Police Service.

Details: -

Date: Thursday 14 November 2002

Venue: City Lights Room
Johannesburg Civic Theatre
Entrance parking: Cnr Simmonds/Stiemens Str
Braamfontein
(Free parking available)

Time: 9:00 for 9:30am- 16:30

Please confirm your attendance with Ms. Pinky Magau at 011-403 8403, or
e-mail, [email][email protected] by Friday November 8 2002. Kindly contact Pinky too
if you need more details about the workshop or directions to the venue..

We look forward to engaging with you.

***

The Right to dissent:
Freedom of expression, assembly and demonstration in South Africa; Lessons
from the World Summit on Sustainable Development (WSSD)

Date: Thursday, 14 November 2002

Venue: City Lights Room
Johannesburg Civic Theatre
Entrance parking: Cnr Simmonds/Stiemens Str
Braamfontein

Workshop programme

9:00-9:30am Registration and Tea

Session 1:

Chair: Simon Kimani Ndung'u, Coordinator, Anti-censorship Programme, Freedom
of Expression Institute.

9:30-9:45am Opening address
Kate Skinner, Deputy Chairperson, Freedom of Expression Institute

9:45-10:15 Defining the constitutional right to freedom of expression,
assembly and demonstration
Yasmin Sooka, Director, Foundation for Human Rights

10:15-10:30 Questions/comments

10:30-10:45 Tea break

Session 2:

Chair Mamashoabathe Noko, National Coordinator,
South African Climate Action Network.

10:45-11:15 Theory and practice of the right to freedom of expression,
assembly and demonstration: A critical examination of the Regulation of
Gatherings Act (205 of 1993)
Mandla Seloane, Human Sciences Research Council

11:15-11:45 The role of the local authority in regulating assemblies and
demonstrations: The WSSD as a case study
Chris Ngcobo, Chief of Police, Johannesburg Metropolitan Police Department.

11:45- 12:15 The role of the SAPS in regulating assemblies and
demonstrations: How should police respond to 'unauthorized' gatherings? The
WSSD as a case study.
J. Meyer, Director SAPS, Area Johannesburg

12:15-12:45 Questions/comments

12:45- 13:45 Lunch

Session 3:

Chair Jody Kollapen, Chairperson, South African Human Rights Commission

14:00- 15:00 Experiences of social movements during the WSSD
Dale T McKinley, Anti-Privatisation Forum
Ann Eveleth, National Land Committee

15:00- 15:15 Questions/comments

15:15- 15:30 Tea break

Way forward

15:30- 16:00 The political economy of repression and the state's need to
criminalise dissent
Salim Vally, Director, Education Policy Unit, Wits University

16:00-16:25 Comments/questions

16:25-16:30 Closure and word of thanks
Jane Duncan, Executive Director, FXI