Cabinet has resolved to appeal the high court judgment that declared lockdown regulations under level 3 and 4 were “unconstitutional and invalid”.
The decision was announced by Jackson Mthembu, the minister in the presidency, following a special Cabinet meeting convened virtually on Thursday to discuss Tuesday’s Pretoria High Court judgment.
Mthembu said the matter would be appealed on an urgent basis as the Cabinet was “of the view that another court may come to a different decision”.
President Cyril Ramaphosa and Health Minister Zweli Mkhize would be secondary applicants in the appeal to be instituted by Nkosazana Dlamini-Zuma, the minister of cooperative governance and traditional affairs.
Mthembu said the appeal would be lodged with the Pretoria High Court.
He said: “As it stands the regulations implemented under level 3 will stand until the appeal is heard.”
On Tuesday the court instructed the government to amend particular restrictions which infringed citizens’ rights as enshrined in the Bill of Rights contained in the Constitution within 14 days.
The judgment came after an application was instituted against Dlamini-Zuma by the contemporary fundamentalist voluntary association group, the Liberty Fighters’ Network.
In its application, filed on May 13, the organisation called on the court to declare the national state of disaster “unconstitutional, unlawful and invalid”.
Through its president, Reyno Dawid de Beer, the Liberty Fighters Network also requested the court to declare unconstitutional all the regulations promulgated in terms of Section 27(2) of the Disaster Management Act on March 18.
Judge Norman Davis ruled that while the implementation of a state of disaster was justifiable, some of the regulations were contrary to the civil liberties afforded to citizens by the Bill of Rights.
“The regulations promulgated by the minister of cooperative governance and traditional affairs in terms of section 27 (2) of the Disaster Management Act 57 of 2002 are declared unconstitutional and invalid.
“The declaration of invalidity is suspended until the minister, after consultation with the relevant Cabinet ministers, reviews, amends and republishes the regulations mentioned, regulations promulgated under level 3, with due consideration to the limitations each regulation has on the rights guaranteed in the Bill of Rights contained in the Constitution,” said Davis.