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What is the constitutionality behind lockdown regulations?

4 June 2020 7:50 AM

Wits University law professor advocate James Grant unpacks government's lockdown regulations and the recent court loses.

The Pretoria High Court on Wednesday ruled that that no person who tests positive for COVID-19 can be forced into quarantine if that person can prove they can successfully self-quarantine or isolate.

An urgent application by lobby group AfriForum, challenged the validity of regulations that forbid self-isolation.

It argued that forcing people quarantine in a state facility was unconstitutional and irrational.

RELATED: Court: COVID-19 patients can't be forced to quarantine if they can self-isolate

This is the second case in 24 hours that has penned the Governments regulations as unlawful.

Bongani Bingwa chats to Wits University law professor Dr James Grant to unpack government's lockdown regulations.

There are a lot of good things that come from the earlier judgement on the level four and three regulations being invalid and unconstitutional, however, to strike down all the regulations on the basis of the rule of thumb, Grant believes a higher court might fight them overreaching.

There is another problem, Davis J sits in Gauteng, and the affect of his order is restricted to Gauteng only. We are all waiting to be told what to do and what not to do, and these rulings have created some uncertainties as the regulations without the judgments were incredibly difficult to follow.

Dr James Grant, Law professor - Wits University

Listen below to the full conversation:




4 June 2020 7:50 AM

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