The government has agreed that not forcing people into state quarantine facilities should be made an order of the court. The application which lobby group AfriForum brought, challenged regulations which gave the state the power to force anyone who tested positive for COVID-19 into compulsory state quarantine.
The High Court in Pretoria has ruled that this was not permissible. According to its ruling, to successfully quarantine, a patient needs access to a separate room and the ability to contact or get to a health facility if their condition worsens.
Two Limpopo doctors accused the provincial Health Department of forcing them into quarantine about two months ago.
Afriforum’s Monique Taute says this is a victory for supporters of human rights.
“And the judge granted Afriforum’s urgent application to declare that the regulations that were aimed at putting all who tested positive for COVID- 19 under compulsory state quarantine invalid. The department failed in Afriforum’s application and the minister agreed that Afriforum application should be made an order of court which determines that the regulations should be read in such a manner that people who are able to effectively self-isolate be able to do so.”
Below is the judgment:
