enjoyment of this right is central to achieving individual freedoms and to
developing democracy. It is not only the cornerstone of democracy, but
indispensable to a thriving civil society.” FEDERATION OF AFRICAN
JOURNALISTS & 4 ORS V. REPUBLIC OF THE GAMBIA ECW/CCJ/JUD/04/18
PAGE 32.
94. In the instant case the Applicants allege that Order No. 007580/MINT/SP
of 20 July 2011 (Exhibit No. 1), banning all demonstrations in the area
between El Hadji Malik Sy Avenue and Cape Manuel as well as in the
immediate vicinity of the Renaissance Monument and in front of hospitals
(the Order), violates their freedom of expression and that of the
Senegalese people. The Respondent on its part asserts that the Order was
issued for the protection of the people and made in the interest of national
security, public safety, public order, health and freedoms of others and
was only related to demonstrations of a political nature.
95. The Court notes that the challenged Order is a ban in respect of
demonstrations of political nature. The apt issue to determine therefore is
whether the ban on public demonstration on political matters is one of
public interest that justifies the invocation of the principles of actio
popularis to enable the Applicants to act for the Senegalese People. In
other words whether the ban on demonstration of a political nature is of
such public interest for the Senegalese to clothe the Applicants with the
capacity to act on their behalf.
96. The Court recalls the exact wordings of the relevant phrase of the
challenged Order ... as follows: For security reasons, demonstrations of a
political nature (Emphasis added) are prohibited in the area between El
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