High Court rules lockdown regulations ‘unconstitutional and invalid’

2020-06-02 09:20:00 PM

The Pretoria High Court has ruled that the regulations enforced upon South Africans under levels 3 and 4 of the nationwide lockdown are “unconstitutional and invalid”.

The Pretoria High Court has ruled that the regulations enforced upon South Africans under levels 3 and 4 of the nationwide lockdown to curb the spread of the Covid-19 coronavirus are “unconstitutional and invalid”.The court on Tuesday instructed government to amend particular restrictions which infringe on citizens’ rights as enshrined in the Bill of Rights contained in the Constitution within 14 days.

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The court application was instituted against Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma by contemporary fundamentalist voluntary association group, Liberty Fighters Network.Read:Thuli Madonsela: The (un)reasonableness of government’s Covid-19 regulations

In their application filed on May 13, the organisation called on the court to declare the national state of disaster “unconstitutional, unlawful and invalid”.Through its president, Reyno Dawid de Beer, the Liberty Fighters Network also requested the the court beyond declare unconstitutional all the regulations promulgated in terms of Section 27(2) of the Disaster Management Act on March 18.

Judge J Davis however ruled that some of the regulations were contrary to the civil liberties afforded to citizens by the Bill of Rights.The ban has turned 11 million smokers into criminals, while allowing the real crooks to grow so strong they may be impossible to remove.

TJSA founder Yusuf Abramjee“The regulations promulgated by the minister of cooperative governance and traditional affairs in terms of section 27 (2) of the Disaster Management act 57 of 2002 are declared unconstitutional and invalid.”“The declaration of invalidity is suspended until such a time as the minister, after consultation with the relevant cabinet ministers, review, amend and republish the regulations mentioned, regulations promulgated under level 3, with due consideration to the limitations each regulation has on the rights guaranteed in the Bill of Rights contained in the Constitution,” read Davis’ ruling.

The court gave the government 14 days to amend the invalid regulations that were still at play under level 3 of the lockdown, given that some have been rendered moot by the lowering of the restrictions.The cigarette ban would likely be among the stringent regulations that Dlamini-Zuma and the national Covid-19 command council would have to revisit.

Tax Justice SA (TJSA) was the first to welcome the high court judgment and urged President Cyril Ramaphosa to lift the cigarette ban “immediately”.TJSA founder Yusuf Abramjee said “the judgment gives government 14 days to put its house in order. This is the time for President Ramaphosa to show true leadership and admit the error of the cigarette ban”.

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“The prohibition has failed dramatically. Smokers are still smoking and criminals in illicit trade are getting rich. Meanwhile, South Africans are being robbed of R35 million a day in taxes,” he said.“The ban has turned 11 million smokers into criminals, while allowing the real crooks to grow so strong they may be impossible to remove.

“As well as lost taxes, the government will only waste more money if they try to defend this unworkable ban in court,” Abramjee said.The declaration of invalidity is suspended until such a time as the minister, after consultation with the relevant cabinet ministers, review, amend and republish the regulations mentioned.

Judge J DavisCabinet spokesperson Phumla Williams has responded to the ruling, saying government had taken note of the judgement.“The court suspended the declaration of invalidity for a period of 14 days. This means that the Alert Level 3 regulations remain in operation for now.”

“The court has further directed the minister of cooperative governance and traditional affairs, in consultation with the relevant ministers to review, amend and republish the regulations with due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights and cabinet will make a further statement once it has fully studied the judgement”.

Presidency spokesperson Khusela Diko and Dlamini-Zuma’s spokesperson Mlungisi Mtshali were both unavailable for comment at the time of publishing. Read more: City Press »

Abramjee Sixty-four is running away. Abramjee The argument is between scientific evidence about covid-19 and its spread. The rationality spoken of should be based on science not just logic and common sense alone. Its not a battle about the law as such of which judges are experts but about science. This case is not over yet.

Abramjee Meanwhile in other parts of South Africa What does this mean, back to level 4, or 5 or straight to level 1 Good reporting Abramjee Did we really have to go to court this could have gone off alot better if they did not try and dictate to us. People will rebel once you start dictating, did you not tell our children to take us to court if we are infringing on there rights.ANCMustFall

The whole country was being abused ... without even realizing it ..ANC is a embarrassing party .no shame Constitutional delinquents exposed. CyrilRamaphosa PresidencyZA DlaminiZuma what do you have to say for yourselves? One word for you, crooks Why do the people of SA still listen to useless idiot !!! INTELLECTUAL BANKRUPT DELINQUENT tendency is this the new norm, thinking of Political puppets not worth zero on a contract ! useful or useless IDIOTS

Why do the people of SA still listen to useless idiot !!! INTELLECTUAL BANKRUPT DELINQUENT tendency is this the new norm, thinking of Political puppets not worth zero on a contract They have locked people for long Ba segoa sa law bae bitsa judicial overreach. Or does this court have the powers to declare those regulations UNCONSTITUTIONAL? Thusang please 🙏

If this is the case, then all these rules and regulations should fall away until fixed? You can't continue with something that has been declared illegal. All they will do is reword the clauses that are not effective to achieve what they want take it to the concourt And Bam Last thing we want now is level 5 That will be the straw

This is the time for ALL those who lost ANYTHING during this unconstitutional lockdown, to sue the state!! But why put a picture with a cigarette?city press don't brainwash and mislead black people. Interesting timing of this ruling. Isn't it curious how the court is making a finding against the lockdown after a failed a bid to have cigarettes back in the shelves by BAT. I argue its not about the lockdown but about the tobacco industry losing billions. Now they use courts

Mogoeng_Mogoeng DOJCD_ZA OCJ_RSA This is our current Justice System in South Africa👇👇👇👇Poor Judgements Mxxxxxm I wonder why mentioning of my gogo staying in our shack in Orlando with four of my children would worry anyone in relation to SocialDistance,knowing exactly what the legacy of his Grand Father through Apartheid Draconian laws did to home ownership in Black Townships for 100yrs.

This rulingI'm not a legal person, but it should have looked at whether the applicant has the interest of citizens at heart in relation to health objectives as the State,tried hard to save the lives of Citizens especially SocialDistance,large gatherings & Infection Control. A moment this bourgeois government degenerated into ‘clever-blacks bashing cronyism’, it was a lost opportunity to date to found a state based on the intellectual prowess of its biggest majority of its citizens. It started losing wisdom, science and majesty thru corruption and al

It's on..... You are being reckless with that picture What does this mean to us They save u very well in Pretoria.when u done with our black people they took u to stellenbotch WMC shows exactly who is in charge of the country......they are ....it’s another proof that PTA court is serving the interest of WMC and their associates

At least , we are tired about cryril, nkosazana and bheki cele get you facts correct INTELLECTUAL BANKRUPT DELINQUENT tendency is this a response It's about to get lit🤣 Why this picture then,because the judgement specifies that the ban on cigarettes is excluded from this judgement? lol u numpty Means this virus Cov19 is unlawful?...

Lockdown rules 'unconstitutional and invalid' - high courtThe case was brought by the Liberty Fighters Network’s (LFN), which argued that the lockdown restrictions were unlawful and unconstitutional because a state of emergency has not been declared. Who Why didnt the court advised them. Am I wrong? I believe theres an inside job. God isnt happy about how things are run. Amen

Lockdown rules 'unconstitutional and invalid' - high courtThe North Gauteng High Court on Tuesday declared the national lockdown regulations for level 3 and level 4 'unconstitutional and invalid'. So now it legal to buy cigarettes and illegal for government to intervene. Nicely played NCCC😂😂😂 not fake news CyrilRamaphosa runs THE BIGGEST IDIOT TEST IN AFRICA called SA - please provide prove that this National Covid 19 Command Council of destruction and Poverty creation is a legal constitutionally,? Even the court agree 'INTELLECTUAL BANKRUPT DELINQUENT' DlaminiZuma Only the corrupt incompetent ANC government will wonder why?

Lockdown regulations declared invalid and unconstitutional by high courtThe high court has ruled that government's lockdown regulations are not legal but they will nevertheless remain in place for at least the next 14 days. Put the face of the President. But why only effective in 14 days? lockDownSouthAfrica After unxanwa kangaka..

High court refuses government bid to delay tobacco ban hearingState attorney requested that case be heard late in June or in July as it is no longer urgent The state is losing this... The fact that the law imposes an age restriction on the sale of alcohol and tobacco suggests that the law recognizes the individuals right to act as a responsible adult. The court should not permit any potentially illegal actions to continue until there is clarity cigarettes Basic human rights are not up for political debate or at governments discretion or based on a percentage of the population that believe it will benefit them. The right to responsibility is a basic human right. lockdownSA cigarettes

Gold at one-week high as US-China tensions boost demandFactors appear to both support and limit appreciation of the price of the metal ‘Gold at one-week high’ is the ultimate in lazy reporting. Every single week it hits a one-week high and a one-week low but you go ahead and make a headline .

Liberty Two Degrees set to benefit from high-end mallsPopular retail centres won’t lose their popularity among post-lockdown shoppers 🔒 Wishful thinking