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Lockdown regulations case was badly litigated - Pierre de Vos

4 June 2020 10:57 AM

Constitutional law expert Pierre de Vos says the judgment has merits of being appealed and overturned.

Constitutional expert, Pierre De Vos says the North Gauteng High Court ruling that lockdown levels three and four are unconstitutional has merits of being appealed.

The court found that the lockdown regulations 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.

Speaking to Eusebius McKaiser, De Vos says regulations are judged on two standards which are rationality and the bill of rights.

RELATED: What is the constitutionality behind lockdown regulations?

Regulations must be compliant with the bill of rights. If any of the regulations limit a right then the test is more of a reasonable test because you have to ask if the limitation is reasonable and justifiable.

Pierre de Vos, Constitutional law professor - UCT

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

He explains why the judgment has merits for an appeal.

The problem for both sides, in this case, is that it was badly litigated from applicants and the respondents.

Pierre de Vos, Constitutional law professor - UCT

It will probably be appealed... the appeal will probably overturn the judgment.

Pierre de Vos, Constitutional law professor - UCT

Listen to the full interview below...


4 June 2020 10:57 AM

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