Associate professor in Public Law at the University of Cape Town, Richard Calland, says government may well approach the Constitutional Court to appeal a High Court ruling declaring lockdown level 4 and 3 regulations as unconstitutional and invalid.
However, the ruling by the High Court in Pretoria is suspended for 14 days, meaning that level 3 lockdown regulations remain in force.
Below is the full judgment:
The court has directed members of the National Coronavirus Command Council to amend and republish the regulations, to be in line with the Bill of Rights.
Activist, Reyno De Beer of Liberty Fighters Network approached the court to challenge the lockdown regulations.
The video below is reporting on the court ruling against level 4 and 3 regulations:
Professor Calland says the ruling has the potential to derail government’s efforts to fight the coronavirus.
“What the judge says is that the way those regulations have been decided on and the actual impact of the regulation itself does not meet the end objection which is to delay the transmission or infection rate of COVID-19. I’m not sure what evidence the government put before the court and I’m certain that their legal advice would be, let us appeal this, and let us get the Constitutional Court to look at it quickly. Because otherwise; it is going to create a massive spanner in the works,” explains Calland.
Below is Cabinet’s response to the judgment: