“Simply because a good is addictive [it] does not necessarily follow that it is therefore necessary for human survival or required for basic human functionality.”
“The high court’s analysis on the issue cannot be faulted. Measures that serve to reduce the strain on the health-care system must be considered to be strictly necessary,” she said. “Any measure that serves to reduce the strain on the health-care system is, I submit, a measure strictly necessary to contain and minimise the effects of the pandemic, and to protect the public.
Dlamini-Zuma's affidavit held that even if Fita adopted a different interpretation of necessary, there was still no reasonable prospect of the court order being overturned.
Source: Law Daily Report (lawdailyreport.net)
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