Freedom of Association Law in Africa

This is a collection of freedom of association and assembly legislation and caselaw from several African countries. We are grateful to the International Center for Non-Profit Law for providing the seed funding for this collection in September 2020.

The Freedom of Association collection is curated and updated annually by postgraduate student researchers at the Faculty of Law, University of Cape Town. The next update is due in February 2022.

Most legislation referenced in this collection is digitised and updated by Laws.Africa

Explore the case summaries, full judgments and legislation listed below, and get in touch with us via the Contact form, with your feedback.


United Nations
Topics
International Covenant on Civil and Political Rights FOA
African Union
Topics
African (Banjul) Charter on Human and Peoples’ Rights FOA
African Charter on Democracy, Elections and Governance FOA
Guidelines on Freedom of Association and Assembly in Africa FOA
ECOWAS
Topics
Protocol on Democracy and Good Governance FOA
Botswana
Topics
Student Representative Council of Molepolole College of Education v The Attorney General (Civil Appeal No. 13 of 1994) [1995] BWCA 17; [1995] BLR 178 (CA) (31 January 1995) Association, Constitutional right of free association, Limitation of right of free association, Administrative action limiting right of free association, FOA
Kenya
Topics
Boniface Mwangi v Inspector General of Police and 5 others (Petition 544 of 2015) [2017] eKLR Assembly, Executive action limiting right of free assembly, Police action, Limitation of right of free assembly, FOA
EG v Non- Governmental Organisations Co-ordination Board & 4 others [2015] eKLR Association, Constitutional right of free association, Limitation of right of free association, Administrative action limiting right of free association, Legislation limiting right of free association, FOA
Hussein Khalid & 16 others v Attorney General & 2 others [2017] eKLR Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Limitation of right of free assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Ngunjiri Wambugu v Inspector General of Police, & 2 others [2019] eKLR Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, FOA
Hussein Khalid And 16 others v Attorney General & 2 others [2019] eKLR Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Limitation of right of free assembly, FOA
Wilson Olal & 5 others v Attorney General & 2 others [2017] eKLR Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Limitation of right of free assembly, Human right of free assembly, African Charter on Human and People’s Rights, International Covenant on Civil and Political Rights, Universal Declaration of Human Rights, FOA
Kiplagat v Law Society of Kenya [2000] eKLR Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
Hussein Khalid and 16 others v Attorney General & 2 others [2014] eKLR Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Limitation of right of free assembly, Protests and demonstrations, Criminal liability, FOA
Non-Governmental Organizations Co-Ordination Board v EG & 5 others [2019] eKLR Association, Civil rights association, Formation of civil rights organisation, Constitutional right of free association, Limitation of right of free association, Administrative action limiting right of free association, FOA
Randu Nzai Ruwa & 2 Others v Internal Security Minister & Another [2012] eKLR Association, Constitutional right of free association, Limitation of right of free association, Executive action limiting right of free association, FOA
Mike Rubia & another v Moses Mwangi & 2 others [2014] eKLR Association, Constitutional right of free association, Limitation of right of free association, Private action limiting right of free association, FOA
Kenya National Parents Association v Cabinet Secretary Ministry of Education Jacob Kaimenyi & 2 others [2016] eKLR Association, Civil rights association, Formation of civil rights organisation, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
SDV Transami Kenya Limited and 19 Others v Attorney General & 2 Others & another [2016] eKLR Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
Law Society of Kenya v Hillary Mutyambai Inspector General National Police Service & 4 others ; Kenya National Commission on Human Rights & 3 others (Interested Parties) [2020] eKLR Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Legislation limiting right of free assembly, Limitation of right of free assembly, Association, Constitutional right of free association, Limitation of right of free association, Executive action limiting right of free association, Police action, Legislation limiting right of free association, FOA
Ali SAid Chizondo & 2 Others v Republic [1998] eKLR Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Litigation, Procedural issues, Jurisdiction, Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, Litigation, Procedural issues, Jurisdiction, FOA
Malawi
Topics
Malawi Law Society and Others v State and Others (Misc Civil Cause No. 78 of 2002) [2002] MWHC 54 (21 October 2002) Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Limitation of right of free assembly, Association, Constitutional right of free association, Limitation of right of free association, Executive action limiting right of free association, FOA
In Re Section 65 of The Constitution (2 of 2005) [2006] MWHC 144 (07 November 2006) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, Political parties, Floor crossing, FOA
Ex parte UDF (49 of 2008) [2008] MWHC 221 (16 September 2008); Association, Constitutional right of free association, Limitation of right of free association, Executive action limiting right of free association, FOA
R v Mkandawire & Another (5 of 2010) [2010] MWHC 5 (08 October 2010) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
S v The Council of the University of Malawi Ex-parte Bulaula and Others (94 of 2015) [2016] MWHC 504 (26 April 2016) Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Limitation of right of free assembly, Protests and demonstrations, FOA
Public Affairs Commission v Attorney General and another (Civil Cause No. 1875 of 2003) [2003] MWHC 71 (06 October 2003) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, Political parties, Floor crossing, FOA
In re: the question of crossing the floor by Members of Parliament (Presidential Referral No. 2 of 2005) [2006] MWHC 22 (07 November 2006) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, Political parties, Floor crossing, FOA
State on the application of Kathumba & Ors v The President & Ors (Judicial Review Cause No. 22 of 2020) [2020] MWHC 8 (28 April 2020) Association, Constitutional right of free association, Limitation of right of free association, Executive action limiting right of free association, FOA
Namibia
Topics
Criminal Procedure Act, 1977 (Act 51 of 1977) FOA
Demonstrations in or near Court Buildings Prohibition Act, 1982 (Act 71 of 1982) FOA
Constitution of the Republic of Namibia, 1990 Constitutional Law, FOA
Protection of Fundamental Rights Act, 1988 (Act 16 of 1988) FOA
Public Gatherings Proclamation 23, 1989 (Proclamation AG23 of 1989) FOA
Police Act, 1990 (Act 19 of 1990) FOA
Nigeria
Topics
Attorney-General of the Federation & 2 Ors v. Alhaji Atiku Abubakar & 3 Ors (S.C. 31/2007) [2007] NGSC 118 (20 April 2007) Association, Political parties, Floor crossing, FOA
Igbozor v Prince Nyong Inyang Effiong and Others (CA/C/128/2012)[2016] NGCA 119 (27 January 2016) Association, Labour unions, Membership in labour union, FOA
Independent National Electoral Commission and Another v Musa and 4 Others (SC 228/2002) [2003] NGSC 10 (24 January2003) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
Attorney-General of the Federation and 2 Others v Alhaji Atiku Abubakar (Vice President, Federal Republic of Nigeria) and 3 Others (SC 31/2007) [2007] NGSC 179; (2007) 2 All N.L.R. 58 Association, Constitutional right of free association, Limitation of right of free association, Executive action limiting right of free association, FOA
Chike A. Akunnia v Attorney General Anambra State (SC 420/75) [1977] SLSC 10 (20 MAY 1977) Assembly, Litigation, Procedural issues, FOA
South Africa
Topics
Disaster Management Act: Regulations relating to COVID-19 FOA
New Nation Movement NPC and Others v President of the Republic of South Africa and Others (CCT110/19) [2020] ZACC 11; 2020 (8) BCLR 950 (CC); 2020 (6) SA 257 (CC) (11 June 2020) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
Mlungwana and Others v S and Another (Equal Education, Right2Know Campaign and UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association as Amici Curiae) (CCT 32 of 2018) [2018] ZACC 45 (19 November 2018) Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Criminal liability, FOA
South African Transport and Allied Workers Union and Another v Garvas and Others (CCT 112 of 2011) [2012] ZACC 13 (13 June 2012 Assembly, Constitutional right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Civil liability for harm, FOA
Garvis and Others v South African Transport and Allied Workers Union (2580 of 2007) [2010] ZAWCHC 175 (09 September 2010 Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Civil liability for harm, FOA
Hotz and Others v University of Cape Town (CCT 280 of 2016) [2017] ZACC 10 (12 April 2017) Assembly, Litigation, Procedural issues, Costs, FOA
Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT 39 of 1995) [1996] ZACC 4 (04 April 1996) Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
United Democratic Movement v President of the Republic of South Africa and Others (African Christian Democratic Party and Others Intervening ; Institute for Democracy in South Africa and Another as Amici Curiae) (No 2) (CCT23/02) [2002] ZACC 21 Association, Political parties, Floor crossing, FOA
Rhodes University v Student Representative Council of Rhodes University and Others (1937 of 2016) [2016] ZAECGHC 141 (01 December 2016) Assembly, Protests and demonstrations, Interdicts, FOA
Tsoaeli and Others v S (A 222 of 2015) [2016] ZAFSHC 217 (17 November 2016) Assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
University of Cape Town v Davids and Others (2648 of 2016) [2016] ZAWCHC 56 (11 May 2016) Assembly, Constitutional right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Interdicts, FOA
Durban University of Technology v Godlimpi and Others (D.1411/2019) [2020] ZAKZDHC 66 (22 December 2020) Assembly, Constitutional right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Interdicts, FOA
South African National Defence Union v Minister of Defence (CCT 27 of 1998) [1999] ZACC 7 (26 May 1999) Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, Labour unions, FOA
Dis Chem Pharmacies Ltd v Malema and Others (J 4124 of 2018) [2018] ZALCJHB 451 (07 December 2018) Assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Constitution of the Republic of South Africa, 1996 Constitutional Law, FOA
Prevention of Public Violence and Intimidation Act, 1991 (Act 139 of 1991) FOA
Regulation of Gatherings Act, 1993 (Act 205 of 1993) FOA
Tanzania
Topics
Francis Muhingira Garatwa & Others vs Attorney General (Consolidated Misc. Civil Cause No.4 of 2018 & Misc. Civil Cause No.8 of 2018) [2020] TZHC 2861 Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, FOA
Rev. Christopher Mtikila v Attorney General [1994] TZHC 12 Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
Fortunata Ntwale v Attorney General (Misc Civil Cause No. 13 2019) [2020] TZHC 2503; (17 July 2020) Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
The Registered Trustees of Democratic Party (DP) vs The Registrar of Political parties & Another (Misc. Civil Cause No.28 of 2018) [2019] TZHC 2; (22 July 2019) Association, Constitutional right of free association, Limitation of right of free association, Administrative action limiting right of free association, FOA
Stephen Ng'ala v Vocational Education and Training Authority (VETA) (Labour Revision No. 34 of 2017) [2020] TZHC 4496; (30 November 2020) Association, Constitutional right of free association, Limitation of right of free association, Administrative action limiting right of free association, FOA
Paul Revocatus Kaunda v Speaker of National Assembly & Others (Misc. Civil Cause No.10 of 2020 ) [2020] TZHC 2897; (03 June 2020) Association, Political parties, Floor crossing, FOA
Nusrati Shaban Hanje and Others v Republic (DC Criminal Appeal No. 111 of 2020) [2020] TZHC 2208; (26 August 2020) Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, FOA
Political Parties Act, Cap. 258 R.E 2019 FOA
Penal Code, Cap. 16, R.E 2019 FOA
Uganda
Topics
Rights Trumpet & 2 Ors v AIGP Asan Kasingye & 5 Ors AND Mucunguzi Abel & 9 Ors v Attorney General & 2 Ors (Consolidated Miscellaneous Cause 17 of 2017) [2020] UGHC 42 (15 May 2020); Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Limitation of right of free assembly, FOA
Kiiza Besigye v Civil Aviation Authority & Anor (Civil Suit 732 of 2016) [2019] UGHCCD 39 (15 March 2019); Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Limitation of right of free assembly, FOA
Muwanga Kivumbi v Attorney General (Constitutional Appeal 6 of 2011) [2017] UGSC 4 (14 February 2017); Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Litigation, Procedural issues, Costs, FOA
Muwanga Kivumbi v Attorney General (1) (Constitutional Petition 9 of 2005) [2008] UGCC 34 (27 May 2008) Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, FOA
Saleh Kamba & Anor v Attorney General & 4 Ors (Constitutional Petition 16 of 2013) [2014] UGSC 5 (21 February 2014) Association, Constitutional right of free association, Limitation of right of free association, Administrative action limiting right of free association, Political parties, Expulsion of members, FOA
Paul Kafeero and Anor v Electrol Commision and Attorney General (Constitutional Petition 22 of 2006) [2008] UGCC 53 (30 April 2008); Association, Constitutional right of free association, Limitation of right of free association, Administrative action limiting right of free association, Political parties, Formation of political parties, FOA
George Owor v Attorney General & Anor (Constitutional Petition 38 of 2010) [2011] UGCC 1 (31 January 2011) Association, Constitutional right of free association, Limitation of right of free association, Political parties, Floor crossing, FOA
Dr James Rwanyarare and Ors v Attorney General (Constitutional Petition 7 of 2002) [2004] UGCC 5 (16 November 2004) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
Nabagesera & 3 Ors v Attorney General & Anor (Miscellaneous Cause 33 of 2012) [2014] UGHCCD 85 (24 June 2014) Assembly, Constitutional right of free assembly, Administrative action limiting right of free assembly, Limitation of right of free assembly, FOA
Kyagulanyi t/a Bobi Wine v Kampala Metropolitan Police Commander & Anor (Miscellaneous Cause 313 of 2017) [2019] UGHCCD 113 (10 May 2019) Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Limitation of right of free assembly, FOA
Abbey Musinguzi t/a Abtex Prodctions & Anor v Inspector General of Police & Anor (Miscellaneous Cause 147 of 2019) [2020] UGHCCD 113 (13 May 2020) Assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Akello v Attorney General (Civil Suit 9 of 2009) [2020] UGHC 133 (08 June 2020) Assembly, Protests and demonstrations, Civil liability for harm, State liability, FOA
Uganda v Tibemanzi Deus (Criminal Revision HCT-00-CR-CV-CO 2 of 2006) [2006] UGHC 47 (01 November 2006) Assembly, Protests and demonstrations, Criminal liability, FOA
Anti-Terrorism Act, 2002 (Act 14 of 2002) FOA
Penal Code Act (Chapter 120) FOA
Human Rights Network Uganda & 4 Ors v Attorney General (Constitutional Petition-2013/56) [2020] UGCC 6 (26 March 2020) Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Constitution of the Republic of Uganda, 1995 Constitutional Law, FOA
Computer Misuse Act, 2011 (Act 2 of 2011) FOA
Public Order Management Act, 2013 (Act 9 of 2013) FOA
Non-Governmental Organisations Act, 2016 (Act 5 of 2016) FOA
Zambia
Topics
Resident Doctors Association of Zambia and Others v Attorney-General (SCZ Judgment No. 12 of 2003) [2003] ZMSC 31 (27 October 2003) Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, FOA
Wanga and Others v Attorney General (Appeal No. 97/2012) [2015] ZMSC 64 (27 October 2015) Association, Civil rights association, Formation of civil rights organisation, Constitutional right of free association, Limitation of right of free association, Executive action limiting right of free association, FOA
Chisata and Another v Attorney-General (S.C.Z. Judgment No. 6 of 1981) [1981] ZMSC 6 (25 March 1981) Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Lumina v Mwiinga (S.C.Z. Judgment NO 5 of 1991) [1991] ZMSC 18 (10 July 1991) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, Political parties, Floor crossing, FOA
Zulu v Attorney General (S.C.Z. Judgment No. 6 of 1994) [1994] ZMSC 6 (31 May 1994) Assembly, Executive action limiting right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Law Assocation of Zambia v Attorney General (Appeal No. 8/2014) [2016] ZMSC 46 (13 May 2016) Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA
Zimbabwe
Topics
DARE & Others v Saunyama N.O. & Others AND Zimbabwe Divine Destiny v Saunyama & Others (HH 589-16 HC 9469/2016 HC 8940/2016 HC 9470/2016) [2016] ZWHHC 589 (04 October 2016) Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, Legislation limiting right of free assembly, Limitation of right of free assembly, FOA
Dzamara & Others v Police Commissioner General (N.O.) & Others (HH 398-16 HC 6397/16) [2016] ZWHHC 398 (04 July 2016) Assembly, Litigation, Procedural issues, Urgency, Protests and demonstrations, Interdicts, FOA
MDC-T v Officer Commanding Byo Central District Police N.O. & Others (HB 126/16 HC 1236/16) [2016] ZWBHC 126 (26 May 2016) Assembly, Constitutional right of free assembly, Executive action limiting right of free assembly, Police action, FOA
Biti and Another v Minister of Home Affairs and Another (34/2002) [2002] ZWSC 9 (27 February 2002) Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Nyathi v Movement for Democratic Change (Bulawayo Provincial Youth Assembly) and Others (Case No. HC 186/12) [2012] ZWBHC 16 (25 January 2012) Assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Democratic Assembly for Restoration and Empowerment & 3 Others v Saunyama N.O & 3 Others (CCZ 9/18, Civil Appeal No. CCZ 5/18) [2018] ZWCC 9 (17 October 2018) Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Knight v Ncube and Another (HC 3040/04) [2004] ZWBHC 120 (15 September 2004) Assembly, Constitutional right of free assembly, Limitation of right of free assembly, Protests and demonstrations, Interdicts, FOA
Zimbabwe Congress of Trade Unions v Officer Commanding Police Harare District and Another (HH 56-2002 ) [2002] ZWHHC 56 (10 April 2002) Assembly, Protests and demonstrations, Legislation regulating protests and demonstrations, FOA
Khuphe v Officer In Charge Law and Order Section ZRP Bulawayo Central Station and Others (71/05) [2005] ZWSC 79 (27 November 2005) Assembly, Constitutional right of free assembly, Legislation limiting right of free assembly, Limitation of right of free assembly, FOA
Mutambara v AG & Another (Const. Application No. CCZ 28/11) [2015] ZWCC 11 (18 November 2015) Association, Constitutional right of free association, Limitation of right of free association, Legislation limiting right of free association, FOA