Discuss scope and content of the right provided by section

Reference no: EM133307649

Case Study: You are an attorney who visits one of your clients, Sizwe, in his holding cell at the local police station. Sizwe is being held in custody for committing armed robbery but when you see him, you can see that he has been badly assaulted. He tells you that the police assaulted him the previous night so he certainly intends to institute action against the Minister of Police for delictual damages. In addition, Sizwe wants to institute action for punitive constitutional damages against the Minister of Police, citing that he (Sizwe) wants to make sure that the police do not assault other detainees ever again. This in Sizwe's view would fully vindicate his rights that have been infringed by the police. In a notm advise Sizwe on whether he would be able to claim punitive constitutional damages and delictual damages in his situation with reference to the case of F058 1/ Minister of Safety and Security 1997 (3) SA 786 (CC).

Question 1: Discuss the scope and content of the right provided by Section 15 ofthe Constitution, 1996, with reference to court's views in S v Lawrence; S v Negal; S vSalberg 1997 (4) SA 1176 (CC) concerning requirements for constitutionally compliant religious Observances at public institutions and the qualifications that must be met for the State's endorsement of religious practices.

Question 2: Briefly discuss the relevance of state funding of political parties in light of Section 19 of the Constitution, 1996.

Question 3: Explain the goals of the right to freedom of assembly and how historical considerations emphasise the importance of this right with reference to the case of South African Transport and Allied Workers Union and Another v Garvas and Others {SATAWU} 2013 (1) SA 83 (CC).

Reference no: EM133307649

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