Streaming issues? Report here
Azania Mosaka 1500 x 1500 2020 Azania Mosaka 1500 x 1500 2020
The Azania Mosaka Show
13:00 - 15:00
volume_up
volume_mute

Up Next: The John Perlman Show
See full line-up
The Azania Mosaka Show
13:00 - 15:00
Home
arrow_forward
Local

Lockdown regulations for levels 3 & 4 declared invalid and unconstitutional

2 June 2020 6:11 PM
Tags:
Coronavirus
COVID-19
coronavirus in South Africa
Cooperative Governance Minister Nkosazana Dlamini-Zuma
SA lockdown

The High Court has suspended the declaration for a period of 14 days and directed the Minister of Cooperative Governance and Traditional Affairs, in consultation with the relevant ministers to review, amend and republish the regulations.

JOHANNESBURG - The Pretoria High Court has declared the regulations promulgated for COVID-19 lockdown levels four and three as unconstitutional and invalid.

Reyno Dawid de Beer and Liberty Fighters Network challenged the regulations as set by Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma, arguing that they encroached on and limited their rights as contained in the Bill of Rights in the Constitution.

The court found that the lockdown regulations indeed did not satisfy the rationality test and were not justifiable in an open and democratic society based on human dignity, equality and freedom as contemplated in Section 36 of the Constitution.

The judgment however changes nothing for now.

The declaration of invalidity on the rules is suspended until the minister reviews, amends and republishes the regulations in consultation with Cabinet.

The COVID-19 lockdown alert level three remains applicable.

"Declaration of invalidity is suspended until such time as the minister, after consultation with the cabinet, reviews, amends and republishes the regulations mentioned above with due consideration to the limitation each regulation has on the rights guaranteed in the bill of rights as contained in the constitution," read the ruling.

Although the applicants challenged several regulations, no arguments were made for the relaxation of laws regarding the blanket ban on the sale of tobacco products.

Judge Norman Davis has instead not ruled on the matter, saying that other courts would be dealing with it in the future.

These include challenges by the Fair-Trade Independent Tobacco Association, British American Tobacco and the Democratic Alliance (DA) among others.

Davis said that while Dlamini-Zuma’s declaration of a national state of disaster in terms of Section 27 of the Disaster Management Act in response to the COVID-19 pandemic was found to be rational, the regulations that followed were in a "substantial number of instances not rationally connected to the objectives of slowing the rate of infection or limiting the spread thereof".

Davis made several examples of such irrational decisions in the judgment, referring the limitations of exercise hours under level four and the total ban of night vigils ahead of funerals.

The minister has 14 days to comply with the court order, while she has also been ordered to pay for the costs of the first and second applicants.

READ: High Court ruling on lockdown regulations challenge

200602 Judgment of de Beer v Minister of Cotga by Primedia Broadcasting on Scribd


This article first appeared on EWN : Lockdown regulations for levels 3 & 4 declared invalid and unconstitutional




2 June 2020 6:11 PM
Tags:
Coronavirus
COVID-19
coronavirus in South Africa
Cooperative Governance Minister Nkosazana Dlamini-Zuma
SA lockdown

More from Local

Tembisa Hospital CEO rubbishes health ombud report on Shonisani Leshole

28 January 2021 12:01 PM

Dr Lekopane Mogaladi says there are a lot of omissions in Professor Malegapuru Makgoba's report.

Share this:
Read More arrow_forward

SA to receive first batch of COVID-19 vaccine on Monday

28 January 2021 7:46 AM

Ministerial Advisory Committee on COVID-19 vaccines virologist and chairperson prof. Barry Schoub reflects on the vaccine rollout

Share this:
Read More arrow_forward

753 people succumb to COVID-19 and 7,070 infections recorded

28 January 2021 6:17 AM

The Health Ministry says the the number of fatalities brings the death toll to 42, 550.

Share this:
Read More arrow_forward

Windhoek beer ad banned in SA for entrenching 'toxic masculinity'

27 January 2021 8:12 PM

Teased for requesting lime with your beer? The Advertising Regulatory Board says the message is that 'real men drink real beer'.

Share this:
Read More arrow_forward

Wine producers set to challenge alcohol sale ban in High Court

27 January 2021 7:46 PM

'Dialogue with govt is not working so as a last resort we decided to lodge an urgent application' - Vinpro MD Rico Basson.

Share this:
Read More arrow_forward

'The Great African IP Address Heist' - 4m stolen, most from SA organisations

27 January 2021 7:16 PM

'You can sell them for a lot of money or you can lease them if you want to make an annuity income!' - MyBroadband's Jan Vermeulen

Share this:
Read More arrow_forward

Alcohol ban: Crisis looming for barley farmers reliant on beer production

27 January 2021 6:41 PM

A new harvest lies ahead and farmers are already paying to store unsold barley, 80% is traditionally destined for the beer market.

Share this:
Read More arrow_forward

How to boost your immune system with food in your kitchen

27 January 2021 5:36 PM

Nutritionist and wellness coach Onicca Moloi says it is good to have a ginger and garlic tea-like drink in the morning.

Share this:
Read More arrow_forward

There are measures to minimise COVID-19 vaccine corruption, says Treasury

27 January 2021 5:18 PM

With no funding already set aside for the COVID-19 vaccination, Treasury has had to work with the Health Department to approve various deviation requests to ensure that monies were freed up for the programme.

Share this:
Read More arrow_forward

Household Affordability Index shows a worrisome increase in food prices

27 January 2021 4:54 PM

Economic Justice & Dignity Group Programme director Mervyn Abrahams says they have seen in an increase in prices of staple food.

Share this:
Read More arrow_forward