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Dlamini-Zuma hauled to court over latest ‘illogical’ lockdown extension

Dear South Africa says it is improper and irrational to have perpetual lockdowns when the curve has flattened.
Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma is the only respondent in the case. Image: GCIS

Participative democracy group Dear South Africa has filed an urgent application with the Pretoria High Court asking it to declare last week’s lockdown extension unlawful and to set it aside.

The group has given the government until Wednesday (November 18) to oppose the matter. It says the latest lockdown extension announced on Friday is illogical and was done without parliamentary oversight, as required by the constitution.

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Read: Government told to provide evidence for ongoing lockdown or prepare for court (Oct 22)

The only respondent in the case is Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma. Papers were served on the minister on Monday.

The lockdown extensions are allowed in terms of the Disaster Management Act only to protect and provide relief to the public, or to prevent disruption and deal with the disruptive effects of the pandemic.

The latest stats show that just over 20 000 people have died in SA from the virus, while the original objectives of imposing the lockdown in March – slowing the spread of the virus to prevent the health system being overwhelmed – have been achieved.

“South Africa is no longer faced with the uncertainties that it was confronted with when the initial state of disaster was enacted,” says Daniël Eloff of Hurter Spies, the attorneys representing Dear SA.

Read: Ramaphosa surprises with further easing of Covid-19 restrictions (Nov 11)

“Consequently, government cannot continue to piggyback on a state of disaster for which the underlying and motivating reason has largely dispersed eight months since the initial declaration of the national state of disaster.”

Constitutional rights

In an affidavit for Dear SA, director Rob Hutchinson says the minister is able to extend the lockdowns ad infinitum without parliamentary oversight, while the constitutional rights of South Africans are being infringed. These rights include freedom of movement, residence, assembly, economic activity and education. Businesses were shut down at the start of the Covid-19 lockdown, schools were closed, and citizens’ rights to move and practice their professions and trades were severely curtailed.

In a statement issued on Monday, Dear SA says while it may have been rational to declare a state of disaster in March when little was known about the virus, much has changed since then. More is known about the risks associated with the Covid-19 virus and many of the measures implemented since March have had little or no effect on curtailing its spread. For example, closing schools, when we now know that children under 19 are not at risk of dying from the virus, while those under 50 suffer minimal risk.

Lockdowns will not save the lives of those who contract Covid-19 and do not require hospitalisation, according to Dear SA.

“Expert analysis by medical experts and epidemiologists conclude that the case fatality rate from the virus is 0% for those under 19, and for adults under 50 it is 0.5%.

“The case fatality rate for SA is 2.7%. The World Health Organisation (WHO) noted on 22 October 2020 that 10% of the world’s population were reckoned to have been infected with the virus. Of these, 1.3 million people have died as of 14 November 2020, an infection fatality rate of 0.17%.”

Yet the lockdown measures have had a devastating impact on the SA economy.

During April, May and June, when the most severe lockdown restrictions were in place, GDP contracted by more than 16% or an annualised decline of 51%. By comparison, in 2009, during the global financial crisis, the annualised decline was 6.1%. In the second quarter of 2020 alone, SA shed 2.2 million jobs, according to Statistics SA.

Dear SA also draws attention to the contradictory and often wildly inaccurate modelling used by government to implement policies.

“The South African Centre for Epidemiological Modelling and Analysis (Sacema) provided models to the National Institute for Communicable Diseases (NICD), though it was not aware that these models were being used to inform policy. Sacema abandoned its model soon after it was published and advised that it was not a tool for decision-making. That model’s replacement, the NICD’s ‘Epi Model’ has not been updated since June 2020 and also appears to have been abandoned. When last updated, it forecast 40 000 deaths by the end of November 2020 – which has also proven to be wildly inaccurate. The actual number of fatalities currently sits at just above 20 000.”

The recent extension of the lockdown is an “administrative act” which is reviewable by a court in terms of the Promotion of Administrative Justice Act.

Reasons given for seeking to set aside and declare the extension unlawful include:

  • It was not rationally connected to the purpose for which it were taken;
  • Irrelevant considerations were taken into account, or relevant considerations ignored; and
  • The extension is unconstitutional and unlawful.

The fact that the Disaster Management Act is being used by the minister to impose perpetual lockdown extensions is both irrational and unlawful, and “undermines our constitutional democracy, premised on a genuine separation of powers,” according to the application.

Read: Dlamini-Zuma told to amend invalid lockdown regulations (Jun 3)

One of the reasons being cited for the lockdown extensions is the threat of a second wave of infections occurring. If this does occur, the state has had ample time to prepare and a new state of disaster could be declared based on new circumstances that may arise.

“It is improper to keep the current state of disaster perpetually in force on the basis that some new disaster may occur on some unknown date,” says the court application.

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COMMENTS   25

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This Minister is the biggest destroyer of value this country has ever witnessed…….Loving the feeling of power over Private businesses and people’s livelihoods . Banned alcohol while drunk on power ! Almost entirely responsible for SARS losing R300 billion in revenue this year …..for what I ask ?

She banned alcohol and tobacco after being photographed, replete with a gap-toothed smile, in a chummy situation with known tobacco bootleggers too. Also has relatives in the tobacco industry. Of course, all of this is completely innocent and above-board.

The biggest issue has been that Taxis could run, full, right throughout the pandemic.

That was the superspreader.

Like scooping water with a sieve.

Yaa. I am afraid her cigarette and alcohol bans were just plain stupid. It had the consequence that people laughed off whatever this silly lot got up to.

Total destruction. Now everybody must “work together” what this silly little woman destroyed? All the jobs and livelihoods?

She need to be locked up. For her own safety and that of the nation. She is DUMB!

Follow the money – I reckon she made a fortune from the illicit cigarette sales.

Just making sure that the planning behind the scenes still has a chance.

From the start the full taxi plan was to keep the pandemic on the burner. How do you bale the boat out with a bucket full of holes. This ensures her and THE FAMILY still have a toe hold in the door to the dop and zol trade if stricter lockdowns are implemented…..

The failure of Europe’s lockdowns are proof that Lockdowns ,masks and social distancing is only a testament of government overeach, confirming ” the government wil solve everything” idealism which is a recipe based on socialism which is exactly what NDZ wants to further entrench.

she may have a “medical knowledge” but how the economy and business operate in a free country and how it generate income for the government in the form of many types of tax, her knowledge is less than zero – the whole thing boils down to a case of: “cut your nose to spite your face”.
on top of it, to me the whole covid-19 fiasco management is also getting a manipulating political colour.

They are killing the country and I am willing to BET NO GAME PLAN FOR RECOVERY!!!!!!!!!Hasn’t the country been Zuma’s enough?? She will go off to pensionville without any problems after bankrupting the country. Don’t forget to vote ANC for more of the same

I don’t takeany notice of her regulations.
She represents the JZ, anti-Ramaphosa faction in the ANC.
SA is in the final stages of a failed state,
Ramaphosa has nothing to lose by cleaning out his Ministries.
But that takes a Statesman’s resolve, but that he isn’t

Come on wake up you lot.
They are doing this on purpose to break the economy, that way they can own a greater share of it.

Why buy AB&Bev Shares at their highest when can buy it at the lowest price? and that goes for every business which was affected.

There is a new world order, the global elite are making their move to take control.

I would be very surprised if the “new world order” includes this “trot”.

She will be the cause of them all ending up in the gutter. Much like SA.

TB kills more people than Covid has.
According to WHO website, 1,5m died worldwide in 2018 of TB. At the current trend Covid will kill 1,4m this year.
Nobody goes into lockdown for TB!

Lockdown measures and the state of emergency are the illogical, immoral, irrational and devastating response to preconceived ideas, faulty analysis, failed models, lousy science, shortsighted scientists, unpragmatic politicians, enabled by an ignorant and fearful population.

In this regard, the process is a copy of the Xhosa Cattle Killings of 1856 where the prophetess Nongqawuse used similar pseudo-science and failed models to come to the irrational conclusion that the will be able to stop the invasion of the British forces if they killed all their cattle and burned their crops. This lead to the starvation of 80% of the Xhosa nation.

Today, the minister killed off the wine and tobacco farmers and their employees, their supply chains as well as the communities they live in. The minister killed the tourist industry and everybody employed by the industry. The minister killed the tour operators, the guest house owners, the B&B investors and the people who worked at those facilities. The minister decimated the taxpayers and increased the dependence on the social grant.

She did all of this with the false belief that lockdown measures are able to intimidate a virus. The Xhosa Cattle Killings did not stop the British forces and lockdown measures did not stop the virus.

Nature is not our enemy. Shortsighted leaders and their self-serving advisors who have zero skin in the game, with their irregular and downright stupid interventions are the enemies.

Agree with your comments, just to add that I believe this ‘pandemic’ is the most planned, organised and orchestrated global event in the history of the world to date. The events playing out in the next while as they relate to global socialism and crushing control of citizens will make us look book at 2020 as an inflection point like no other…

Global socialism. You’ve coined it spot on. Now add the latest developments with regards to the USA elections and see the puzzle coming together…..

Agree. An embarrassment to my profession

In the words of Canadian PM, WEF Head and ur very own Cyril, it’s time for a reset. Widespread govt control, crippling of the middle class globally *job done lockdown* and increased economic reliance on Govt handouts in literally every country. Time to wake up.

By now we all have some Medical knowledge and the Virus and the Pandemic. Hers was obtained from Russia. South Africa’s lame duck President was over ruled and Companies and the poor are paying the price. Next Election a ANC T shirt and a parcel will all be forgiven. I would have thought the Asbestos roof saga would have been resolved and fixed with input from her. We all know that Asbestos kills but okay another parcel. Only in SA.

WJS

It’s the ZUMA in her.

In the penultimate paragraph: “One of the reasons being cited for the lockdown extensions is the threat of a second wave of infections occurring.”

There is, according to the Government’s own published data, no indication whatsoever of any possible second wave. This has been threatened, however.

Noting that the motive for this threat cannot be medical or scientific, it can be presumed that the motive for this threat is political. I guess that it is to enable corrupt activities by the likes of NDZ, ANC SG Magashule, and the rest of those cohorts.

Dear South Africa please ask her to provide proof that the Covid 19 virus has been isolated.Surely if she is unable to do that the whole lockdown tyranny is unlawful.

The Australian government states :

The reliability of COVID-19 tests is uncertain due to the limited evidence base…There is limited evidence available to assess the accuracy and clinical utility of available COVID-19 tests.”

In The UK, in July, a group of concerned academics wrote a letter to the UK Prime Minister Boris Johnson in which they asked him to:

Produce independently peer reviewed scientific evidence proving that the Covid-19 virus has been isolated.”

To date they have not received a reply.

Similarly, UK researcher Andrew Johnson made a Freedom of Information Request to Public Health England (PHE). He asked them to provide him with their records describing the isolation of a SARS-COV-2 virus. To which they responded:

PHE can confirm it does not hold information in the way suggested by your request.”

Canadian researcher Christine Massey made a similar freedom of information request, asking the Canadian government the same. To which the Canadian government replied:

Having completed a thorough search, we regret to inform you that we were unable to locate any records responsive to your request.”

In the U.S. the Centre For Disease Control (CDC) RT-PCR Diagnostic Panel state:

…No quantified virus isolates of the 2019-nCoV are currently available……..Detection of viral RNA may not indicate the presence of infectious virus or that 2019-nCoV is the causative agent for clinical symptoms.”

Last updated on 13th July 2020, the CDC are yet to obtain any pure viral sample from any patient said to have the disease of COVID-19. They openly admit their tests don’t necessarily show if SARS-CoV-2 is either present or causes COVID 19.

Reyno de Beer from the Liberty Fighters Network has already achieved this with his court case at the SCA. Have a look on his website liberty fighters. co.za
The court order is there for anyone to print and use. It is legal and in force. The lockdown is illegal.

The l0ckdown is illegal. The SCA court case was won by Reyn0 de Beer. The court order is available for all to print and use.
See liberty fighters . co . za

End of comments.

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