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Court rules that COVID-19 patients may not be forced into state quarantine facilities

3 June 2020, 4:03 PM |

SABC | @SABCNews

Coronavirus patients cannot be forced into state quarantine facilities.

Coronavirus

Image: Reuters

Coronavirus patients cannot be forced into state quarantine facilities.

High Court in Pretoria has ruled that COVID-19 patients may not be forced into state quarantine facilities. Lobby organisation, AfriForum, which took the government to court says the ruling is a victory after the challenging of lockdown regulations that the Co-operative Governance and Traditional Affairs Department signed under the Disaster Management Act on 29 April.

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:

Afriforum vs the minister of cooperative 2020 06-03 from SABC News

Regulations declared invalid and unconstitutional

This ruling comes after the same court declared on Tuesday that lockdown regulations are unconstitutional and invalid. It however suspended the declaration for two weeks, meaning that Level 3 regulations 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 regulation pertaining to the sale of tobacco is not included in the ruling.

The case had been brought to court by Reyno De Beer and his organisation, Liberty Fighters Network.

Below is the judgment: