Government studying lockout regulations judgment

Minister, Dr. Nkosazana Dlamini-Zuma :GCIS.

The gov­ern­ment said on Wednes­day it has not­ed the high court’s rul­ing, which declared that COVID-19 lev­el 3 and 4 lock­down reg­u­la­tions uncon­sti­tu­tion­al and invalid.

The Lib­er­ty Fight­ers Net­work, which argued that the lock­down restric­tions were unlaw­ful and uncon­sti­tu­tion­al brought the case.

Anoth­er non-prof­it orga­ni­za­tion, the Hola Bon Renais­sance Foun­da­tion, call­ing itself  “the African Empow­er­ment” addressed the court as a friend of the court  [ami­cus curi­ae].

Judge J Davis has sus­pend­ed the invalid peri­od of the judg­ment for 14 days.

The gov­ern­ment said in a state­ment: “This means that the lev­el 3 alert rules are still in effect.”

The Court also ordered the Min­is­ter of Coop­er­a­tive Gov­er­nance and Tra­di­tion­al Affairs, Dr. Nkosazana Dlami­ni-Zuma to con­sult with  min­is­ters con­cerned to review, edit and reis­sue the Reg­u­la­tions, and “take into account the lim­i­ta­tions of the rights guar­an­teed by the Char­ter of Human Rights.”

The state­ment said: “The Cab­i­net will issue a state­ment after study­ing the ver­dict.”

The gov­ern­ment said it has adopt­ed these five lev­els to slow­ly and sure­ly reopen the econ­o­my after the pan­dem­ic saw var­i­ous busi­ness­es shut down as mea­sures to curb the spread of the virus.


The Order:

    1. The reg­u­la­tions pro­mul­gat­ed by the Min­is­ter of Coop­er­a­tion and Tra­di­tion­al Affairs (“the Min­is­ter”) in terms of sec­tion 27(2) of the Dis­as­ter Man­age­ment Act 57 of 2002 are declared uncon­sti­tu­tion­al and invalid.


  1. The dec­la­ra­tion of inva­lid­i­ty is sus­pend­ed until such time as the Min­is­ter, after con­sul­ta­tion with the rel­e­vant cab­i­net minister/s, review, amend and re-pub­lish the reg­u­la­tions men­tioned above (save for reg­u­la­tions 36, 38, 39(2)(d) and (e) and 41 of the reg­u­la­tions pro­mul­gat­ed in respect of Alert Lev­el 3) with due con­sid­er­a­tion to the lim­i­ta­tion each reg­u­la­tion has on the rights guar­an­teed in the Bill of Rights con­tained in the Con­sti­tu­tion.


  1. The Min­is­ter is Direct­ed to com­ply with the process ordered in para­graph 2 above with­in 14 (Four­teen) busi­ness days from date of this order, or such longer time as this court may, on good grounds shown, allow and to report such com­pli­ance to this court.


  1. Dur­ing the peri­od of sus­pen­sion, the reg­u­la­tions pub­lished in Gov­ern­ment Gazette No 43364 of 28 May 2020 as Chap­ter 4 of the reg­u­la­tions des­ig­nat­ed as: “Alert Lev­el 3”, shall apply.


  1. The reg­u­la­tions per­tain­ing to the pro­hi­bi­tion on the sale of tobac­co and relat­ed prod­ucts is exclud­ed from this order and is post­poned sine die, pend­ing the final­iza­tion of case no 21688/2020 in this court.


  1. The Min­is­ter is ordered to pay the costs of the first and sec­ond appli­cants. The ami­cus curi­ae shall pay its own costs.


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