“Measures that serve to reduce the strain on the health-care system are, in the situation in which we find ourselves, not 'nice-to-haves'. They are strictly necessary if the country is to come through this pandemic intact,” Moerane argued.
For Fita to succeed it would have to persuade an appeal court to “entirely” rewrite the established rationality test, Moerane argued. “There is no reasonable prospect that an appeal court would do so. Leave to appeal on this ground should therefore be refused.”Fita’s application, Moerane argued, was aimed at protecting the financial interests of its members to be allowed to trade.
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