South Africa: Court Gives Government 14 Days to Alter 'Unconstitutional' State of Disaster Rules

analysis

In a hard-hitting judgment that found the government had failed to fully consider Covid-19 lockdown regulations, the Pretoria High Court found that while declaring the State of Disaster because of the Covid-19 pandemic was rational, the overwhelming number of regulations are 'unconstitutional and invalid'.

"... Their [the regulations'] encroachment on and limitation of rights guaranteed in the Bill of Rights contained in the Constitution are not justifiable in an open and democratic society based on human dignity, equality and freedom... " is how Judge Norman Davis ruled on Tuesday 2 June.

And so the regulations for one of the most draconian Covid-19 lockdowns the world over, now in Day 68, fell away because the "overwhelming number" of these rules failed the test of rationality - and failed to show a connection to the objective of slowing or limiting the rate of Covid-19 infection.

It's a significant win obtained by Reyno de Beer, president of the little-known Liberty Fighters Network, who brought his action against Cooperative Governance Minister Nkosazana Dlamini Zuma, who is responsible for disaster management.

It's the second klap for government in two days. On Monday, the business organisation Sakeliga successfully challenged the lockdown regulations requiring essential and permitted...

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