Lockdown regulations declared invalid and unconstitutional by high court

Lockdown regulations declared invalid and unconstitutional by high court

2020-06-02 06:49:00 PM

Lockdown regulations declared invalid and unconstitutional by high court

The 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.

16 Apr 2020 | Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma updates the nation on regulations pertaining to the extension of the lockdown | Image: Twitter / @governmentzaThe 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.

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Government spokesperson Phumla Williams said on Tuesday evening that government had taken note of the judgment delivered by the Gauteng Division of the High Court today declaring the Alert Level 4 and Alert Level 3 Lockdown regulations unconstitutional and invalid.

The court suspended the declaration of invalidity for a period of 14 days, however. This means that the Alert Level 3 regulations remain in operation for now.The regulations around the ban on tobacco have not been affected by the order as yet, since those are subject to separate court challenges.

The court has further directed Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma, 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”.

Cabinet said it would make a further statement once it had fully studied the judgment.In a 170-page affidavit filed last month, the Democratic Alliance said the party opposed the “draconian” limitations on the rights of South Africans that came at great economic cost. However, this judgment is not related to the DA’s court case, as it was brought by Reyno Dawid de Beer and the Liberty Fighters Network.

They echoed the same concerns as the DA, which took government to court in two separate matters that challenged the validity of some aspects of the hard lockdown.DA MP Glynnis Breytenbach said last month: “I am advised that … the regime under the Covid regulations resembles a state of emergency, but is not subject to the same safeguards,” adding that Dlamini-Zuma had broad and intrusive regulatory powers that were not subject to parliamentary oversight.

She argued that, had Ramaphosa declared a state of emergency, this would have only empowered him for 21 days, unless an extension was given by National Assembly approval through a 60% majority vote.“Under a state of emergency, the president may promulgate emergency regulations as are necessary of expedient to restore peace and order, but must make adequate provisions for terminating the state of emergency. The Cogta minister is not required by the DMA to describe how we will return to something resembling normality and in the Covid regulations, she has not.”

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Breytenbach added that, under a state of emergency, Ramaphosa must table emergency regulations in parliament, while the Disaster Management Act did not require any parliamentary oversight.“In short, the regime under Level 4 Covid regulations resemble a state of emergency in material respects, but it’s not subject to the same safeguards. The Covid regulations, and all of the directions issues under them, may thus be unconstitutional in their entirety.”

She challenged the court to consider the consequences of Ramaphosa’s decision, arguing that under a state of emergency, Sections 37(4) of the Constitution permitted legislation that derogated certain rights in the Bill of Rights. Lockdown regulations may not derogate any rights, she said.

Breytenbach said that, if the courts deemed these unlawful, irrational, unreasonable and disproportionate, “the court is required to declare them to be unlawful and set them aside, and is empowered by Section 172(1)(b) of the Constitution to make any other order that is just and equitable”.

Read more: The Citizen News »

So she must go Does this mean madam 454 and her lies “Dlamini-Zuma” will be prosecuted for spreading fake news and lying to the Nation on live television about “2000 complaints”? She must be charged and arrested too. She’s not above the law. This is what happens when you put women in the front seats to change gears 🤣🤣🤣

What would be this incompetent low IQ Space Cadets Response? A win for the Rule of Law and Citizens. When the people told government that many of the Regulations are irrational the government ignored them. Now the court has spoken. Will government listen? You have 14 days, comrades. Covid19SA just 1 of over 100 countries in lockdown to StopTheSpread & SaveLives with hundreds of thousands DYING! Some of us r part of the solution. Imagine if we had dismal intervention from our country, like USA, UK? This crisis is new. SA is 2 b commended. How r u helping?

It's time to hold these corrupt dictators accountable. throw the book at them... 🤣🤣🤣🤣🤣🤣 Quite alot about South Africa is unconstitutional. Keep throwing the constittuon in their face and at some point instead of wiping their ass with it they will simply change it and make their destructive ways legal.

What about all the people arrested for violating these regulations? Let her admit on TV that the regulations was rubbish, and that she did it to profit personally. What's wrong Mara with these captured judges ikemaboe And why use a picture of a minister over that of a president. So gogo bring us cigarettes

How can something declared unconstitutional and be allowed to run for the next 14 days it doesn't make sense Obvious Make her allow the sale of cigarettes I find par 7 VERY interesting. I ask my self, whose interests are the applicants really fighting for? Also par 8.2 second sentence. I didn't know that cigarette ban can make sanity go out of the window? Overall I think NDZ should appeal this judgement🤔

So we can sue the government for the lost of our business and income? Minister must tell the nation how man smokers,who Corona virus positive & how many who died! Stop the banning of health official regulated constitutional legal cigarettes before toxic illicit cigarettes kill more addicted & disparate smokers!! Save& protect citizens smoking toxic

Does it mean tobacco can be sold and restaurants can open? This comes directly at the face of Ramaphosa and I don't know why Citizen used the picture of Nkosazana, she's not the face of government, Lockdown announcement comes directly from Union Buildings at night time. So y NDZs pics and not ur fav? Mna, I am a slow learner. I am just going to read the judgement to figure out how the cigatette made sanity to fly out of the window? Whether this judgement is against NDZ or NCCC?

An incompetent government. They can’t even do a lockdown correctly. An “open up” is much more difficult. Cry the beloved country. Let us show respect for the judiciary, they are there to make sure that our rights are not infringed and that no one is above the law Vatso vir powerdrunk smoked looters of power.

This is the judiciary claimed to be in the President’s pocket🤔 Good time for ParliamentofRSA to ignore apartheid judiciary or fix it once and for all. Proof thst imbaciles are running the country If Level 3 and 4 are unconstitutional, then it's time to go back to level 5 🤣😂🤣😂🤣 Corona is not constitutional either

Ja ANC Amongst others, it is time for her to step down We all know that the OCJ_RSA is captured ....they are in the payroll of someone But wasn't our president CyrilRamaphosa party to drafting our esteemed constitution? Now he's party to flouting it. Another misleading Headline! Pity for Journalism! God forgive me as I was taught not to hate, but I hate this woman!! Wish her no harm, but detest her nonetheless. No one will convince me she isn't evil

Finally this circus time almost over. Jisses Kopdoek Dlamini Zuma. I am so glad the high Court see that you are not suitable to make the rules... Finally some sort of sanity.....we have been subjected to nonsense for too long...... The regulations are indeed unconditional...thank you High Court Thats what we have been saying all along, this is a Constitutional Democracy u cant just declare a clandestine state of emergency, using the fear of the virus as an excuse. As citizens we are adults with fundamental civil rights and not kids in someone households.

From here onwards, DlaminiZuma must resign and go home to her children. I would be thrilled if she could go to jail to rot Plundering the country and nation into starvation cannot go unaddressed much longer. So we can burn these masks and go sit in our fav restaurants and eat, and start pushing each other ko taxi rank?

That's how powerful this tobacco unbanning is Even the courts are toeing the line. Old Cyril selected the best hd had and they stuffed up good and properly. After 2 months ...suddenly the courts rule ...just wondering if the High Court has an alternative way of protecting citizens against Covid ... Imagine what they are still capable of during the next 14 days...

It's a collective Lockdown regulations are a violation of human rights. With my little law acquaintance, I've vetoed this. Yip, they didn't want to listen to Professor Glenda Gray. She said the Lockdown regulations were not based on science. They weren't listening to their own scientific advisers. Cele 250 000 fines for breaking 'illegal' Covid19SA rules are down the drain.

These courts...🤔 Tomorrow whe go fir a haircut right? Why using Mama Dlamini’s photo DlaminiZuma Stupid black people with their white bass are making it like is NDZ regulations wow look at this useless newspaper call Citizen Why NDZ . You don't know who is president of this country. Unconstitutional sister! ⚡ ⚡ ⚡

In your face😀👍 All those crying about the courts and judges will change their tune very quickly once they end up in a situation when they may need protection from government. In fact, this ruling is exactly that. Some just dont get it. White Supremacists have taken their first to the Courts. Clear and Simple

Unless this results in the Crook-in-a-Doek donning an orange onesie and seeing out her remaining days behind bars then it counts for naught. I have been saying this since day 1, and I am just a layman. This countries 'leaders' who were all part of the fight for freedom somehow, should know this better than most! But guess they have short memories!

'They must be grateful we even complied in the first place.' More intelligent than the current motly lot Cyril really played her. Big time. Pushed her out in front. We all know that our government is 'all knowing' ... the minister of health has more knowledge than doctors and scientists,etc. So they are surely exalted above the law and therefore do not need the help of lawyers Simon

If “invalid regulations” were a person Lol I'm sure they will say the courts are captured 😅😅😅😅😅yuuuuuuuu Captured JUDICIARY and cheerleaders of RUPERT. BAT suing government and these ministers for billions. So all arrests made in the period are wrongful arrests. Court won’t be able to handle all the litigation to come.

Dustbin mlambo 's judgement ar all useless n his the law unto himself DA judge yamasimba 😂😂😂😂😂 Constitutional court will give us the judgement, So government are snookered. If they try and fight this and lose then there goes all their credibility. If they fight this somehow win then they not a listening government. Only option is to change te rules. 🍿🍿

Like i ve been saying, kak regulations ...but that’s what we said! trixasis4 It’s high time for a few quality class actions. By time this was just a ploy for them to enforce their own laws on us ANCMustFall We welcome the courts decision in upholding the Constitution values guarantee to all. petermoyo6 If nonsense was a person

White media is so annoying,, dd nkosazana set those regulations? Y don't you put Cyril,, he is the one who announced those regulations,, niyadina Nina mhlathi yenu Woooohooooo!! In your face CyrilRamaphosa PresidencyZA DlaminiZuma 🖕🏻 Yoh totally agree people have been arrested just for being outside at 8pm I think it’s ridiculous that our people get criminal records even when they not criminals. These is serious and can affect the livelihoods of our people.

openup Constitutional court will say different, bought Courts dont count much Myntjie This is not how a dictatorship must work. Expecting someone of the ANC to condemn this judgement. LockdownRegulations that dont allow, Bail at a PoliceStation for a Petty Offense? They Better Lift the Ban on our Cigarettes mani

This judgement should be celebrated! Even some of us that never went to law school knew that we were being taken for a ride here. Now what’s left is for the lockdown to be lifted and economy to be fully open Imagine if all intellectuals were ANC members we would be in deep shit....Bheki Cele spot light gone nw

Now what is going to happen? Charge the prepaid president. The right picture should have been that of CR not o gogo You ban sale of cigarettes , allow illicit market to grow. People continue smoking. You are not solving anything. You are just becoming a problem. Invalid are those whites who advised Ramaphosa about these lockdown regulations

I knew Nkosazana Zuma was too much running our country like a dictatorship. Well done DA🤣 But why put put DlaminiZuma because she a minister and the president CyrilRamaphosa is head of the executive and chair of the command council. Even kindergarten could see this total BS!!! This thing of SA being ran by Courts its annoying

It's amazing that you can say the minister's regulations 'fail the rationality test', but you cannot say 'the minister is a moron' Let me say it for you - the minister is a moron! Fck yeah She even lied about the number of ppl voted in favour of that frivolous tobbaco ban amongst others.The Mazzotis and Edward Zoomer were left with eggs on their faces

calaytia If she ddnt ban Ciggas we wouldnt be here.. Bring back our Ciggas Gogo what is the response of the fascist MYANC and the fascist SAHRCommission? This should be breaking news and should interrupt sabc transmission in all its importance and urgency! It's very significant in so many ways far beyond that of just the lockdown regulations but rather showing government that the court will hear the people when they refuse to!

Y isnt this all over the media. This is major After unxanwa kangaka.. But why only effective in 14 days? lockDownSouthAfrica Put the face of the President.

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

Cameras help curb COVID-19 spreadCompliance to lockdown regulations has been preached by Transport Minister, Fikile Mbalula. Chinese methods at its finest... Maybe we should put cameras in schools and that will curb the spread too We have a failing transport system but we spend money on cameras in the hope that it will curb the spread. So we police the virus by policing us. PPL must wait for food and listen to excuses, elderly must wait for sassa money, children must starve, companies go under for what?

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KZN liquor licence holders violating regulations will have their licence suspendedThe department's inspectors will be randomly checking if the lockdown regulations are adhered to in the province. Ow wow but the provincial govt can't even supply water tanks to schools but they hot big mouths on alcohol sales We deserve a cold one. Responsible_Together

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