Dlamini-Zuma told to amend invalid lockdown regulations
The high court in Tshwane has ruled that government’s alert Level 4 and 3 lockdown regulations are unconstitutional and invalid.
The Covid-19 regulations were instituted in terms of Section 27 of the Disaster Management Act (DMA) after the government declared a national state of disaster in March.
In a statement, cabinet says it has taken note of this ruling and will make further comment once it has fully studied the judgment.
In the judgment delivered on Tuesday, the court said it would suspend the declaration of invalidity for 14 days, meaning the Level 3 regulations will remain in effect for that period.
Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma, in consultation with the relevant ministers, has been directed to review, amend and republish the regulations with “due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights”.
Level 4 restrictions were gazetted on April 29 and Level 3 restrictions on May 28.
They all form part of the government’s five-level risk-adjusted strategy to bring different sectors of the economy back to operation following the hard lockdown in March. The alert system would also allow the government to respond to increases in the spread of the coronavirus in an effort to prevent deaths and avoid overwhelming the country’s healthcare facilities.
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