Lockdown regulations: Here are some of the challenges the government is facing in the courts

Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma.
Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma.
GCIS
  • A ruling delivered by the North Gauteng High Court found Level 3 and 4 lockdown regulations unconstitutional and invalid.
  • Government is facing other court battles.
  • These cases were brought forward by political parties and businesses who are affected by lockdown regulations.


The Liberty Fighters Network has won a court challenge to have Level 3 and 4 lockdown regulations declared unconstitutional and invalid.

The ruling was delivered by the North Gauteng High Court in Pretoria on Tuesday.

Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma was given 14 days to formulate changes to the regulations.

However, in the meantime, the current lockdown regulations will still apply.

News24 takes a look at other challenges the government is facing in the courts during the lockdown: 

DA:

The DA is taking the government to court in two separate cases which challenge the validity of some aspects of the national lockdown, including the military enforced night curfew, the ban on e-commerce and the restriction on exercise hours.

The party's interim leader, John Steenhuisen, previously said: "It is our opinion - and it is the view of many South Africans - that all three of these decisions should be immediately reversed as there are no rational justifications for a military enforced curfew, a restriction on e-commerce business and a limited three-hour window for exercise."

The party will also file court papers challenging the constitutionality of having no parliamentary oversight inscribed in the Disaster Management Act.

FF Plus:

The party said it intended to file an urgent application with the North Gauteng High Court in Pretoria to challenge the validity of the National Disaster Management Act as well as to seek a ruling the government was abusing the act which would mean the announced state of disaster and associated regulations were unconstitutional.

Its leader, Pieter Groenewald, said the balance of public interest, between curbing the spread of the virus and unlocking the economy to prevent the loss of livelihoods, and subsequently lives, should come into play.

Hairdressers demand reopening of salons

Hairdressers have approached the High Court demanding the urgent reopening of their salons. They said they were faced with a lack of income and some were forced to rely on Good Samaritans to survive. The application is led by advocate Carlo Viljoen who has taken on the case pro bono. His urgent court bid to have the case heard was dismissed by the Western Cape High Court on 28 May.

DA takes up fight for hairdressers and salons

After the court dismissed the application by the hairdressing industry to be allowed to operate during Level 3 of the lockdown, the DA picked it up and is threatening to take the government to court.

It announced, in a statement by its trade and industry spokesman Dean McPherson on Tuesday, it would go to the courts regarding the ban on hairdressing.

Ban on cigarette sales challenged

The Fair Trade Independent Tobacco Association (FITA), whose members include cigarette makers Carnilinx and Gold Leaf Tobacco, has launched an urgent court bid for the government to lift a ban on the sale of cigarettes and tobacco products during the lockdown and to have these products deemed essential goods.

The ban was instituted at the start of the lockdown on 26 March. On 23 April, President Cyril Ramaphosa announced it would be lifted as the country moved to Level 4 of the lockdown.

But just days later, Dlamini-Zuma said the ban would remain in place in the interests of health.

She said the government had received more than 2 000 submissions from the public objecting to the sale of cigarettes.

Compiled by Jeanette Chabalala

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