Suppose a new Assemblies Act 100 of 2022 ("AA") was recently adopted. The AA repeals and replaces the Regulation of Gatherings Act 205 of 1993 ("RGA"). The provision that repeals the RGA came into effect on 1 July 2022. However, the other provisions of the AA will only come into effect on 30 September 2022.

a)

Suppose further that a group of Stellenbosch University students plan to march to Parliament on 12 September 2022 to protest against financial exclusion at universities. The students want to know whether there is legislation that will govern the protest. Advise them whether they need to comply with any of the following legislation: the AA; the RGA; or the Gatherings and Demonstrations in the Vicinity of Parliament Act 52 of 1973, which was repealed by the RGA in 1993.

(4)

b)

Suppose the students march to Parliament on 12 September. Suppose further that the RGA is in force at the time. 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?