Chief Justice Mogoeng Mogoeng says the lockdown and state of national disaster implemented to curb the spread of the coronavirus cannot function above the Constitution.
Mogoeng said this was why he did not agree with the view that courts should have been shut down during the early phase of the nationwide lockdown because people should have the option to challenge any violation of their rights during this period. Mogoeng said while he does not align himself with the president, he has long maintained that citizens must rely on the courts if they believed government was infringing their rights.
Mogoeng said Covid-19 and the related lockdown have made a bad situation worse in the judiciary, with cases piling up. He said for many years he has been pushing for a court modernisation along the lines of the SA Revenue Service . “And the challenge is we really aren’t able to plan effectively around the lockdown because we don’t even know when it’s going to end. We don’t know when phase two is going to kick in, Level 3. And how long that is going to allow the courts to function particularly where it matters the most, at the magistrate’s courts and the high court and the courts of equivalent status,” he said.
Only now he says ko stage 3😶
The problem is not legislation.The Issue is security and safety protocols.Those govern not only separation to avoid contagion but also virus eradication strategies to ensure a healthy future operation.
fita_sa
Sober advice
NchabelengAdil Mnxim he's just bored bcos he's missing reading minority reports.
Elderly people are being abused - forcing a 76 year old man who has smoked for 60 years into withdrawal - with symptoms ranging from shakiness, light headedness, anger, disturbed sleep and nightmares and overeating. Where is the medical and psychological support for old folk?
South Africans = whites
No Mogoeng must talk about land distribution
Well the south african governement has given us the green light to become criminals so why not lets just go on, human rights violations and arrest warrant, even if i spend my last dime on it.
Why were the soldiers on the streets was it necessary, did they achieve anything?
With what money nogal
And then?
In the good olde pre 1994 days the ANC had no problem advocating violence, civil disobedience, burning down, killing, etc. Why change now that they are in power?
'Legally challenge' in a country that has not convicted a single person for state capture. Sorry Chief Justice Mogoeng, we know all about the ANC stalling policy. The firepool Zumas perfected it. endlockdownsa ANCMustFall cyrilramaphosa
White monopoly cabal media masquerading as journalists pushing propaganda. The Chief Justice didn't end there he continued sentence 'if they feel their rights are infringed' your reporting is bad and misleading. COVID_19_ZA ParliamentofRSA
Chief Justice Mogoeng Mogoeng didn't encourage people to lagally challenge lockdown laws please lets be honest instead he said if however people feel unsatisfied about the lockdown laws they must go to the courts but not to take these laws into their own hands
What about challenging the justice system
Why have SA been so slow to challenge the lockdown? It is clear that the Chief Justice believes it should be? Please let’s use this crisis to draw some boundaries.
MondeorPoliceStation
Electoral law was challenged but he chose to ignore that because that is what will liberate us from this reckless government.
Mogoeng, be a man. Do the damn right thing and defend the constitution as per your oath. Coward.
Why couldn't the ANC pick competent leaders like our chief justice instead they give the country all the corrupt and incompetent one's while the honest competent people blacks purple folk etc sit at home unemployed.
MISSYFIELDS19 I'll gladly challenge it until it's dead in the water and we are free, anyone have any money to contribute to the cause?
DesireTablai Easy to say. Most people don't have the funds to even have the documents typed. Great idea, especially if you can foresee what is coming... A WAVE of public disobedience. People would rather have their day in court then, and I think they might just win....😎
Legal assistance and the cost thereof is a problem in SA. Can we have a database that links lawyers who are willing to work pro bono in relation to these 'crimes' with the 'criminals'. LawSociety_SA LHR_SA can you assist
'Legally challenge' when they turned down the urgent application from AfriForum? Time to challenge the entire ANC regime & it's corrupt system. It's damaged through fraud and corruption & by Cadre deployments!
Why, just so every action can be postponed indefnitly by those under the ANC PURSE STRINGS.
Sure. But citizens shouldn't have to defend the constitution. It should have been up held by the executive. Clearly no respect for it, and clearly points to intent.
The headline is misleading
'...if they believe that their rights have been infringed'. That headline may be misleading if complete sentence is not captured. CJ is correct.
LockdownClara OK guys and gals VFPlus Our_DA, we've been given the green light to challenge the lockdown laws. Let's do this 😎
We Respect you CJ, My friends and colleagues are still waiting judgement on Human Rights still for 2 years. To Challenge these things are expensive and take long to be heard/judged. My Opinion. lots of red tape.
advocateleopard light at the end of the tunnel 🤔
Ayeye MYANC
REALLY! So the TAX payers pay these idiots a salary of millions and now we have to pay AGAIN to proof that they are IDIOTS !!! Well THAT makes sense 🙈
GUNFRIENDLY_SA South Africa is no longer a Constitutional Democracy.
GUNFRIENDLY_SA We don't have money to take your banana republic to court because we don't have jobs ,
I would’ve hoped Our_DA would do so... they’ve been shown to be totally ineffective during lockdown.
With money coming from where?
SA Was Abandoned without human rights when our justice department let Anc Govt shutdown our courts SAPS Doctors etc had to remain on the frontline What did our chief justice do & say then? NOTHING!!!! He is complicit with the Anc & the human rights abuses Tht followed Now woke
🇿🇦 This 👇
To challenge them so he can Rule them binding & justifiable👀👀👀
Yes hopefully the public will wake up sooner than later to their right to hold government accountable for blanket decisions taken on their behalf.
fita_sa My smoking rights have been taken away however one would need financial means to go to court! My rights to see me children have been taken away. Many more rights actually
And then the Chief Justice will be part of the Bench of the ultimate court which will give the final judgment on the issue?
Mogoeng Mogoeng warming up his hand for when CRZ, NDZ and Cele end up in the Con Court... I dig this guy.
Ja that is our constitutional rights , but not to go around grandstanding
Easier said then done you need money for that and a R350 that people should be getting won’t cover any legal costs. So just keep you option to yourself you flea
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