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High court refuses application to cross provinces for a funeral - The Mail & Guardian

Despite “extreme sympathy”, court says it must uphold the law

2020-03-30 12:37:00 AM

The Mpumalanga high court has dismissed an application by a man who had wanted to travel from Mbombela to the Eastern Cape for the funeral of his father who died in a fire.

Despite “extreme sympathy”, court says it must uphold the law

, the Mpumalanga high court has rejected an application from someone who wanted to travel across provinces for a funeral.In handing down judgment, the court said: “The circumstances of this case are extremely upsetting. It shows in the crudest manner the crude effects of the final

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lockdown regulationsupon a family.”Karel van Heerden, from Mbombela in Mpumalanga, went to court urgently on Friday afternoon after he received a phone call from his mother that his grandfather, who lived in Hofmeyr in the Eastern Cape, had passed away in a fire at his home. 

Click for our up-to-date guide“The applicant desperately wants to travel to Hofmeyr in order to support his mother and to assist with his grandfather’s funeral,” said acting judge Johannes Hendrikse Roelofse in a judgment. Van Heerden went to court because he did not want to contravene the regulations, said the judge.

But, even though he said in his affidavit that he had nosymptoms or any contact with anyone from abroad, the judge refused, saying the law prohibited travel between provinces.“I have extreme sympathy for the applicant but I must uphold the law,” said the judge. 

“I cannot accede to the relief the applicant seeks because in doing so, I will be authorising the applicant to break the law under judicial decree — that no court can do. In addition, no matter how careful and diligent the applicant will conduct himself, not only the applicant but many others may be exposed to unnecessary risk, even death if I grant the applicant the relief he seeks,” said Roelofse.

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I felt for the man when reading the judgment This calls for PresidencyZA to ammended his own 21daysLockdownSA regulations in order to get a better judgement which h has the spirit of Ubuntu. One can be required to abide by strict measures of health, could be extensive test at hospital prior the travel & at the destination

This is sad I'd be utterly devastated 💔 may he find solace in knowing that his family will do what's necessary to ensure that his father's funeral is dignified, and that he's resting peacefully. Also on the same situation, grandmother passed away last Thursday in EC,just before lockdown, was still at work in GP. And now am in Lockdown, can’t even attend 😔

Can’t judges use their own discretion? Or does the law not allow that? Father or grandfather? A colleague of mine lost her grandma. She is in GP. Eithet het grandma is in EC cause her mom is from ECor the grandma is in WC cause that is where her father is from and based! Sad news... What should we do? The Minister of Saps must intervene here...

Yet president n his ministers travell from Gauteng to Limpopo to laugh with the people from China, this is 😞 This is heart breaking. 😭💔 Ijoo ! 😦 If this was a German tourist there would have been a special arrangements, but again if it was white a different outcome would have also be seen nor it simple means black life don't matter!

Eehh 😵😳 This is sad

High Court dismisses application of man wanting to travel for grandfather’s funeralIn his application, he requested that he be temporarily exempted from the travelling restrictions and be allowed to leave Mbombela on March 28 and return on April 7. RulzKay1_ Crime against humanity 🤔

Sustained high growth requires SA to flip policy on its headThe wilfully blind government has entrenched stagnation by favouring redistribution legislation If your policy doesn't address inequality then it's pointless ori0n7 TheFace34

High Court dismisses application of man wanting to travel for grandfather’s funeralIn his application, he requested that he be temporarily exempted from the travelling restrictions and be allowed to leave Mbombela on March 28 and return on April 7. RulzKay1_ Crime against humanity 🤔

Court dismisses application to relax lockdown rules for man who wanted to travel to father's funeralKarel van Heerden had brought the challenge on Friday, the first day of the national lockdown which saw police and SA National Defence Force (SANDF) personnel descend on cities and towns across the country. Covid19SA 21daylockdownSA

Court dismisses application to relax lockdown rules for man who wanted to travel to father's funeralAn Mpumalanga man who brought an urgent court application to relax coronavirus lockdown legislation so he could attend his grandfather’s funeral has been dismissed. According to your article the deceased is the GRANDFATHER How is it that everyone is getting it so wrong? Either the headline is incorrect or the article Which is which? My daughter in law didn't go to bury her grandmother either rules are rules.I also couldn't bury my cousin This is a catch 22 situation.

Court rules in favour of RAF to stop using attorneys for litigationThe Pretoria High Court on Friday dismissed an urgent application by attorneys to continue as lawyers for the Road Accident Fund. WOW!!!! Tap running dry for corrupt lawyers Suhaifa29