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Court declares Level 3, 4 lockdown regulations unconstitutional

  • The court has directed members of the National Coronavirus Command Council (NCCC) to amend the regulations and align them with the Bill of Rights
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The High Court in Pretoria has declared Level 3 and 4 lockdown regulations to be unconstitutional and invalid.

It has, however, suspended the declaration for two weeks, meaning that Level 3 laws remain in operation for now.

The court has directed members of the National Coronavirus Command Council (NCCC) to amend the regulations and align them with the Bill of Rights.
“The declaration of invalidity is suspended until such time the Minister, after consultation with the relevant Cabinet ministers, review, amend and republish the regulations..with due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights contained in the Constitution,” states the judgment.
The regulation pertaining to the sale of tobacco is not included in the ruling. Cabinet says it will make a further statement once it has fully studied the judgment.
The case had been brought to court by Reyno De Beer and his organisation, Liberty Fighters Network.
Co-operative Governance Minister Dr Nkosazana Dlamini-Zuma has been ordered to pay the applicants’ legal costs.

Below is the full judgment:

Below is Cabinet’s response to the judgment:

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