South Africa: Another Lockdown Challenge Heads to Concourt

analysis

The Constitutional Court has received another application for direct access on a legal challenge to the Covid-19 lockdown regulations and the National Coronavirus Command Council (NCCC). It is one of several such matters as Saturday marks Lockdown Day 100.

On Wednesday 1 July the paperwork was filed at the Constitutional Court to have the Covid-19 lockdown regulations as published on 29 April declared inconsistent with the Constitution, and thus invalid.

However, the application asks the Constitutional Court to set aside an order of invalidity so the co-operative governance minister can "remedy the constitutional defect" within 30 days. That's for all but the sales of clothing, footwear and bedding regulations published by Trade and Industry Minister Ebrahim Patel. Those should just be declared unconstitutional, invalid and be set aside.

The application cites Co-operative Governance Minister Nkosazana Dlamini Zuma and President Cyril Ramaphosa in both their Cabinet roles, but also as co-chairpersons of the National Coronavirus Command Council (NCCC), which is cited as sixth respondent.

The bid for direct access to the Constitutional Court by seven university post-graduate students and researchers was made after a defeat in the Western Cape High Court as Judge Rosheni Allie, with the concurrence...

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