On 2020-06-02 22:28:40 Johnny English said:
The Gauteng High Court in Pretoria, today ruled that the lockdown regulations in response to Covid-19 are unconstitutional.
A voluntary group called the Liberty Fighters Network, who seek justice for all South Africans, had sought relief against Minister of Co-operative governance and Traditional Affairs, Nkosazana Dlamini-Zuma's Level 4 and 3 regulations under the Disaster Management Act and won a landmark decision. The Government has been given 14 days to rectify it,
The judgement did not deal with the prohibition of tobacco products as that is the subject of separate litigation.
On 2020-06-03 07:01:11 Louise ( Miss Red) said:
It took so long to get this to court that no matter the ruling or the amendments made to regulations it won't rectify the damages done all ready.
That said it is awesome to see that our constitutional rights can be defended against perpetrators with positive outcomes. And that the courts can work free from government and is doing what they are meant to do, uphold the constitution.
But from what i understand is that whether a "state of emergency" or a "state of disaster" is decleared will determine how your constitutional rights can be over ruled. And on that basis the regulations have been ruled as irrational and unconstitutional by the court.
They have two weeks to amend regulations but if government choices to appeal this justment the regulations will stay in place and the judgment will have no effect until the appeal has been heard.
My feeling is they will appeal and will drag this out till we reach level 1.