demonstrations into a privilege to be conferred at the discretion of the
authorities.” The Applicant further claims that the Public Order Act violates
the Gambian Constitutional provisions on fundamental freedoms and is
therefore void.
The Respondent on the other hand contends that the said acts in no way
violates the provisions of Article 11 of the African Charter as the said Article
11 is not absolute but subject to certain limitations. Article 11 of the African
Charter provides:
“Every Individual shall have the right to assemble freely with
others. The exercise of this right shall be subject only to
necessary restrictions provided for by law in particular those
enacted in the interest of national security, the safety, health,
ethics and rights and freedom of others”.
Section 25 (1) (d) of the Gambian Constitution puts it thus:
“Every person shall have the right to freedom to assemble and
demonstrate peaceably and without firearms”.
Furthermore, Section 25(4) of the same Constitution provides“The freedoms referred to in subsections (1) and (2) shall be
exercised subject to the law of The Gambia in so far as the law
imposes reasonable restrictions on the exercise of the rights
and freedoms thereby conferred, which are necessary in a
democratic society and are required in the interests of the
sovereignty and integrity of the Gambia, national security, public
order, decency, or morality, or in relation to contempt of court”.
Section 5 of the Public Order Act which is being contested provides:
(1) The Inspector-General of Police in the city of Banjul or the
Kanifing Municipality or; in any of the regions, the Governor
or other person authorized by the president may direct the
conduct of all public processions and prescribe the route by
which and the times at which any procession may pass.
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