REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA should take place within legal limits and with due regard to the rights of others. The SCA stated that in the past the majority of the population was subjected to the tyranny of the State and that historical events such as the Sharpeville massacre and the Soweto student uprising were imprinted on the national psyche. The court rejected the notion that the relevant provisions of the Act raised a spectre of limitless liability for organisers of gatherings. It rejected the argument that the defence provided for in s 11(2)(b) was illusory and set out a number of examples that proved the opposite. It held that s 11(2)(b) was not inherently contradictory and self-destructive and consequently dismissed the appeal. Case law pertaining to the right to associate 197. Similarly, individuals also have the right to associate. However, regard must always be had to the limitations clause, and specifically to the test of proportionality. It may include a right to exclude certain persons from a group and to prescribe certain requirements for admission to that group. In Taylor v Kurstag NO 130 the applicant sought to set aside an edict of a Jewish ecclesiastical court, effectively excommunicating him from the Jewish society for failing to comply with its decision. He argued that the edict conflicted with his individual rights to religion and to cultural association. The edict, according to the community, was the only means available to it to ensure compliance with the rulings of the ecclesiastical court. The Court enquired into whether the limitation of the applicant’s rights could be justified by reference to the associational rights of the community. The court concluded that the limitation on the applicant’s rights was reasonable and justifiable as a failure to enforce its rulings would result in the Jewish faith not being able to protect the integrity of Jewish Law. The associational rights of the organisation took precedence over the personal rights of the individual. In reaching its conclusion, the Court assessed the full extent of the limitation on the rights of the applicant and weighed this against the associational rights of the organisation. The issue of exclusionary practices 130 198. The issue of exclusionary practices by certain voluntary associations have also received attention during the period under review. In this regard, the SAHRC held a public enquiry after receiving complaints alleging violations of the rights to equality and dignity from persons excluded from joining voluntary associations. The purpose of the public enquiry into equality and voluntary associations was to enable the SAHRC to hear representations from all interested parties and reflect on the relevant constitutional and statutory provisions in order to suggest a set of principles that would achieve an appropriate balance between associational rights and the rights of equality and dignity. Hearings were held over three days from the 12th to the 14th July, 2005 in Johannesburg. 199. Individuals, together with cultural and religious organisations, made submissions on the constitutionality of their exclusionary practices. It was not the intention of the SAHRC 2004 4 All SA 317(W) 59