Thus, given that the sit-in protest had been ongoing for several months and there was no indication that it would be resolved, the State was left with no option but to end the protest. They thus meet the requirements of necessity and measure of last resort. In addition, while assemblies may “temporarily hinder, impede or obstruct the activities of third parties” it cannot be said that three months is a reasonable time for the activities of others to be impeded by a protests. Furthermore, the State gives reasons related to the ongoing health, security and social hazards, as well as a park being an inappropriate place to live, as further justification for ending the sit-in. The Commission is of the view that ending the sit-in was the only proportionate means of protecting these interests. The Commission thus finds that the State had proved that they were justified in ending the protest. (b) Was the manner in which the protest was broken up in line with the right to assemble? 227. The Commission in its Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa (the Guidelines) gives detailed and clear guidance as to what is expected of police officials in ending or dispersing a protest, with the following being the main tenets:  If assembly participants are generally behaving peacefully, law enforcement officials must avoid the use of force to disperse the assembly;  Where participants in an assembly are acting non-peacefully or in violation of the law, law enforcement officials should use, to the extent possible, communication and de-escalation strategies and measures for the containment of individuals committing or threatening violence or, if necessary and proportionate, the arrest of individuals who are committing or preparing to commit violent acts, before attempting to disperse an assembly;  When the dispersal is unavoidable, lawful, proportionate and necessary, law enforcement officials must clearly communicate an intention to disperse the assembly to participants, and provide participants with a reasonable opportunity to disperse voluntarily, before taking any action. Force must never be used against peaceful demonstrators who are unable to disperse from the assembly; 63