Hadj Malick Sy Avenue and Cape Manuel, particularly in front of the
buildings housing the National Assembly, Senate, Economic and Social
Council, Courts and Tribunals, Palais de la République, Administrative
Building and Independence Square.
97. The key phrase therefore is demonstrations of a political nature.
Considering that the said Order did not define ‘political nature’, however
in order to progress constructively in the determination of this Application,
it is imperative to know what ‘politics’ means to enable an understanding
of an event of ‘political nature’. Wikipedia defines politics as “the way the
countries are governed and the ways that government make rules and
laws.” See Simple.m.wikipedia.org. Merriam-Webster dictionary also defines
it as “the art and science of government” See Merriam-Webster.com. If from
these definitions, politics can simply be said to be the way a country is
governed, it follows that every citizen who already being conferred with an
inherent right to express an opinion on any matter as provided by Article
13 of the Charter will a fortiori have the right to express an opinion on how
their country is governed. The Court is mindful of the fact that not every
Senegalese will have a political opinion to express. However any
Senegalese or group of them that have a political opinion to express is
legally within their rights to so do. For instance, a demonstration to protest
the content of a new electoral law is clearly an opinion of a political nature
as that law implicates the election of those to govern in the government.
The Court is therefore of the considered opinion that a demonstration of a
political nature is available to all adult Senegalese. Though its number
cannot be pre-determined the right is a matter of public interest which must
be protected.
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