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3 [6 marks] Suppose a new Assemblies Act 100 of 2023 (AA) was recently adopted. The AA repeals and replaces the Regulation of Gatherings Act
3 [6 marks] Suppose a new Assemblies Act 100 of 2023 ("AA") was recently adopted. The AA repeals and replaces the Regulation of Gatherings Act 205 of 1993 ("RGA"). The AA comes into effect on 30 September 2023. A group of Stellenbosch University students march to Parliament on 23 September 2023 to protest against financial exclusion at universities. The police arrest the students and charge them with the violation of certain provisions in the RGA. When they appear in court on 15 October, they ask for the case against them to be dismissed. They argue that the RGA is no longer in operation and that, consequently, they cannot be charged with its violation. Alternatively, they argue that the relevant provisions of the RGA are unconstitutional. Can either or both challenges succeed? Discuss with reference to case law and the Interpretation Act
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