Lockdown rules 'unconstitutional and invalid' - high court

The North Gauteng High Court on Tuesday declared the national lockdown regulations for level 3 and level 4 'unconstitutional and invalid'.

2020-06-03 06:56:00 AM

The North Gauteng High Court on Tuesday declared the national lockdown regulations for level 3 and level 4 'unconstitutional and invalid'.

The North Gauteng High Court on Tuesday declared the national lockdown regulations for level 3 and level 4 'unconstitutional and invalid'.

, which previously lost a bid in the Constitutional Court to have the lockdown declared unconstitutional in March, also joined the application as a friend of the court.The judge ruled that the establishment of the state of disaster was in itself valid, but was critical of the regulations promulgated. He was also critical of the government’s seemingly lax response in responding to the case.

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Davis said the case was initially set down for May 19, but the minister’s office - which was given an “admittedly short time” to respond - didn’t do so in time. An extension was then negotiated by the state attorney for May 22, but this “deadline was also missed”.

The judge said he then ruled that an answering affidavit had to be given by May 26 - a deadline finally met by the Cogta director-general on Dlamini-Zuma’s behalf.Davis was particularly concerned about some of the individual regulations under level 4 and level 3 of the lockdown, saying that little thought appeared to be given to how those regulations infringed on individual rights.

The judge said his ruling did not cover the ban on cigarette sales, asanother courtwas specifically dealing with this controversial matter.“The clear inference I draw from the evidence is that once the minister [Dlamini-Zuma] had declared a national state of disaster and once the goal was to ‘flatten the curve’ by way of retarding or limiting the spread of the virus - all very commendable and necessary objectives - little or in fact no regard was given to the extent of the impact of individual regulations on the constitutional rights of people and whether the extent of the limitation of their rights was justifiable or not,” the judgment reads.

Crawford College in Sandton, like many other private schools across South Africa, reopened their doors to grade 7 and 12 pupils on June 1 2020. This comes after the department of basic education backtracked on their decision to have all grade 7 and 12 pupils in SA back in school this week.Covid-19 symptom screenings, sanitisers and social distancing enforcement will now be part of the school's daily operation.

In terms of some of the specific problematic regulations, Davis questioned how family members were allowed to gather for funerals but denied the chance to be with their loved ones - in controlled, more private and less communal settings - in their last days.

“The disparity of the situations are not only distressing but irrational.“Random other regulations regarding funerals and the passing of persons also lack rationality. If one wants to prevent the spreading of the virus through close proximity, why ban night vigils totally? Why not impose time, distance and closed casket prohibitions? Why not allow a vigil without the body of the deceased?

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“Such a limitation on a cultural practice would be a lesser limitation than an absolute prohibition. If long-distance travel is allowed, albeit under strict conditions, a vigil by a limited number of grieving family members under similar limitations can hardly pose a larger threat. And should grieving family members breach this prohibition, their grief is even criminalised,” the ruling continued.

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Of course it has to be unconstitutional to be allowed to go to churches and yet prohibited to go visit your family. We need inter - provincial ban lifted unconditionally. We're humans not tamed pets. Our masks,we'll put on for everybody's safety Lockdown is over. ANCMustFall What this means? They don't make sense at all everything is just so confusing. A lockdown must be a lockdown simple. Level levels moh

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..

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?

High Court rules lockdown regulations ‘unconstitutional and invalid’Means this virus Cov19 is unlawful?... lol u numpty Why this picture then,because the judgement specifies that the ban on cigarettes is excluded from this judgement?

Lockdown ruling vindicates Constitution – advocate after court winJudge Norman Davis ruled that Cogta Minister Nkosazana Dlamini-Zuma had to formulate changes to the regulations within 14 days.

Unconstitutional, invalid: COVID-19 Situation Desk - 2 June PM