Government will have to go back to the drawing board after the Pretoria High Court found that the COVID-19 lockdown regulations were unconstitutional.
Brought to the court by Reyno Dawid de Beer and Liberty Fighters Network, the court directed the Minister of Co-operative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma, in consultation with relevant ministers, to review, amend and republish the regulations of levels 3 and 4.
Judge Norman Davis said millions of South Africans who work in the informal sector lost their livelihood. “Their contact with other people is less on a daily basis than for example the attendance of a single funeral.”
He said the ban on informal traders appears irrational.
He also questioned how people were not allowed to be at their loved one’s death beds but were allowed 50 people at the funerals, and how it’s not rational to allow scores of people to run on the promenade but that stepping foot on the beach will lead to rampant infection.
The judgement has been suspended for 14 days to allow government to change these regulations – this means the regulations are still in place.
Davis also stated that the ban on the sale of cigarettes would be dealt with by other courts.
Government in a statement said it will study the judgement and formulate a response.
“Government has taken note of the judgment delivered by the Gauteng Division of the High Court today, 2 June 2020, declaring the Alert Level 4 and Alert Level 3 Lockdown regulations unconstitutional and invalid,” read the statement.
“Cabinet will make a further statement once it has fully studied the judgment.”
