High court says some lockdown restrictions invalid

Government has ‘taken note’ of the judgment.
A soldier pictured in Johannesburg on April 6 during Level 5 of the lockdown. Image: Waldo Swiegers, Bloomberg

A South African high court declared some of the government’s coronavirus lockdown regulations unconstitutional on Tuesday but suspended the order for 14 days, leaving the rules in place for now.

South Africa introduced in March one of the world’s most restrictive COVID-19 lockdowns – including a ban on alcohol and cigarette sales – but has gradually eased restrictions down to the third of five levels.

The Liberty Fighters Network advocacy group filed a lawsuit against the regulations in May, arguing they were unlawful as they violated South Africa’s Bill of Rights.

In response, the court declared rules governing levels three and four of the lockdown to be “unconstitutional and invalid”.

“The regulations…in a substantial number of instances are not rationally connected to the objectives of slowing the rate of infection or limiting the spread thereof,” the written judgement read.

“Insofar as the ‘lockdown regulations’ do not satisfy the ‘rationality test’, their encroachment on and limitation of rights… is not justifiable,” it continued.

South Africa’s cabinet said that because the effect of the court decision was suspended for 14 days, current lockdown regulations remained in place, and that it would comment further when it had fully studied the judgment.

President Cyril Ramaphosa and his government initially enjoyed broad support for their choices in the face of the pandemic. But after weeks of serious damage to an already shrinking economy, criticism has grown.

John Steenhuisen, leader of the main opposition Democratic Alliance party, which has also launched a court challenge over the issue, said this would be the first of many judgements to go against the government and its “petty, irrational regulations”.

South Africa moved to a level three lockdown on Monday, allowing the vast majority of economic activity to resume, though many public places remain closed, restaurants are only open for takeaway and deliveries, and alcohol can only be sold at certain times.

The judgement said all regulations under level three and four must be reviewed and amended giving due consideration to their impact on individual rights, aside from a few exceptions including the closure of borders, nightclubs and casinos.

The minister of cooperative governance and traditional affairs, Nkosazana Dlamini-Zuma, must do this in consultation with other ministers, it said. She has come under intense scrutiny for some of the restrictions, including the ban on the sales of tobacco products, which remains in force.

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Yarwell no fine – Let’s wait and see – these Cadre Nincompoops will now be ”under the hammer”!

Yes. Hammer and sickle

: )

Mnr Boepens
Jy kry 120%……

Does that mean that we can claim for psychological, physiological and financial damage from the Central Command Council? They have harassed us, taken away our liberty, beaten us up, fined us, took away our wine and cigarettes, humiliated us with crazy rules and regulations, and destroyed our incomes for no scientific reason at all. They were conned by hocus-pocus science and snake oil salesmen. We need the constitutional court to protect us against this Central Planning scourge. Never again should we be at the mercy of clueless tyrants like Ebrahim Patel and NDZ.

Ebrahim Patel – USELESS. Should go back to the clothing union and stay there. He is clueless about the economy and the way it works.

NDZ – USELESS. Should be fired.

When the government bans economic activity for 20% of the year, then the cost to businesses is similar to a rise in interest rates of more than 20%, a rise in the tax rate of more than 100%, or a doubling in the cost of wages.

Any one of these cicumstances would destroy all legitimate business activity in South Africa. It will be a miracle, therefore, if any legal business survives lockdown.

Aah was someone humiliated because he wasn’t allowed to feed his little addictions. He had to wear a mask. Soooo oppressed.
Victimhood is a sweet drug.

Jip. As we have been saying all along… It therefore makes perfect sense to vote (almost) all Moneyweb readers into government and fire the anc scumbag politicians.

Interesting that Sakeliga also won their case against govt CIPC not authorised to issue Essential Service permits Should open the door for sole proprietors smme etc that could not obtain CIPC certificates to sue the govt for losses incurred

I never understood why you could go to a funeral with 50 people but you are not allowed to go surfing alone in the ocean. I guess some beuracrat just Googled “lockdown rules”and Government rolled it out.

No democracy in this country, not for a while now… a few bureaucrats make decisions not for the populous but for themselves.

Its fine to rob people of an income while the fat cats in government earn the same as they ever had and then tell people its for their own good.. NDZ and co should go without pay for three months and then make some decisions that influence everyone including them.

stage 4 and 3 was and is garbage… we can only surmise that all the regulations imposed are there for their personal gain or just to show they are busy with something, exactly what we don’t know, but definitely not good for the working tax payer.

Only way to make up for their loss of income is higher sin tax and VAT… its coming and is a result of their own doing…

Surely preventing us from leaving the country is unconstitutional. We pose no risk to the country if we aren’t within its borders.
Will I come back? Nope. How am I then a risk?

You have been able to leave for a while now. Stop playing the victim card. Do you want them to fly you?

For a week yeah. At R26k or something.
But yeah, my wife doesn’thave a visa and I won’t leave her here.
Where’s the victim card? Next thing you’ll pull the race card?

Rights, self determination, choices. If I want to go live with my extended family during this time, instead of sitting unemployed in my house, while paying taxes to thieves, that’s my call. I think you’ve been living under far to much oppression for far to long and now it’s rubbed off on you. What’s that? Salt and vinegar on your shoulder?

Also, you don’t need a visa to leave. But hey, they are “preventing you”. Absolutely pitiful broken defeated people trying to get attention by playing victim.

It seems as if you are trying to say something meaningful but nobody can figure out what you are actually trying to say.

It is true that aggression, whether expressed by humans or animals, and whether it is expressed in physical form or on social media, is always a sign of inferiority and fear. The little man tries to compensate for his negative views about himself, by appearing aggressive and abusive. Every man who beats up his wife is a pathetic lowlife, masquerading as a strong man. Best of all- he knows it and he identifies with his smallness.

Everything you write here tells us what is going on in your mind. That is a pitiful, small, dark, self-loathing and destructive space. Keep on posting, I want to monitor you journey to enlightenment. Don’t give up. Where there is life, there is hope.

Thank you Sensei. First we saw Jaapie and then it probably became a bit hot in the kitchen; Now we have Jaapies; Next will probably be Japie-ou-skapie. Being a troll is nothing more than announcing yourself to the world as a first rate loser.

Moneyweb, your headlong is incorrect! Badly too; it’s not “some” regulations that are invalid, it’s ALL of Level 3 and 4 regulations!
Look again at the judgement…..

He did single out a few reasonable ones. Headline should read “most” not “some”.

Too little too late…How will the Court be able to turn back time, how will Government turn back time? Reality check – they can’t
Because of ego’s as big some of the ministers midriff, we are in this position.
Will Government issue an apology to all of those who lost their jobs, all businesses that had to close, all families being destroyed, children being set back at least a year and the enormous destruction of our country? I guess not, not if it will make anything better.
My next question will be – will the voters in this country be able to remember this during the next elections, will they be able to refrain from being intimidated and bought with empty promises?
We can only hope

End of comments.

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