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The lockdown in South Africa is legally over-Liberty Fighters Network

Semiemmy2 06/25/2020

The lockdown in South Africa is legally over-Liberty Fighters Network

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Liberty Fighters Network, the organization that previously won a High Court case that declared the lockdown regulations of South Africa unconstitutional and invalid, has now argued that the COVID-19 lockdown has been legally terminated as of Wednesday, June 24.

"Liberty Fighters Network (LFN) and Reyno De Beer will argue in the High Court today that they believe that the lockdown regulations are unconstitutional and invalid as of this morning, Wednesday 24 June 2020, and that the lockdown is effectively legally over," the organization said.

LFN believes that the government has incorrectly lodged an application to appeal the Gauteng High Court's judgment of 2 June in the hope of suspending the invalidity order rather than requesting an extension. 

As a result, LFN argued that the lockdown regulations are no longer legally in force since the last day the government was required to comply with Judge Norman Davis' ruling.

This morning, LFN and De Beer will go to the High Court to oppose the request for leave to appeal lodged by the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, in order to confirm the inevitability that, according to them, the Court no longer has any authority to extend the 14-day period and will argue that the request is effective.

The government has failed to introduce new lockdown regulations to replace the constitutionally invalid Level 3 regulations that came to an end at midnight on 23 June 2020, despite having ample opportunity to do so.

LFN further argued that South Africans may no longer be arrested or forced to adhere to the lockdown regulations, but smokers and gamblers will still be limited in their activities because tobacco and casinos are specifically excluded from the invalidity order.

"If the Court agrees with us today, this could be the best news South Africans have had since 1994 and certainly a victory for all those who have had to endure the government's mass violations of human rights over the past three months," LFN said.

"It has become apparent that COVID-19 is here to stay with us, and that the so-called spread of the virus is so rampant that we have reached a stage where we can accept it as part of our lives and time to return to normal."

Judgement withheld 

According to a report by EWN, judgment has been reserved in the government's request for leave to appeal the High Court ruling. 

Judge Norman Davis told the report that he understood the urgency of the decision and would electronically send a ruling to the relevant parties.

LFN reportedly argued that, despite the country's alert level being downgraded to level 3, Dlamini-Zuma had failed to review the regulations within 14 days as mandated by the High Court ruling. 

The Government argued that the Supreme Court of Appeal should test the High Court's decision.

Supreme Court ruling 

On 4 June the South African government announced it would appeal the Gauteng High Court's ruling.

"After obtaining legal advice and listening to numerous comments made by members of the legal fraternity in response to this judgment, we believe that another court could come to a further conclusion on the matter," said Jackson Mthembu, Minister of the Presidency.

"So the cabinet has decided to appeal the decision of the North Gauteng High Court." 

The government has said it will ask for an urgent hearing of its appeal so that the country can gain certainty about the regulations.

The original ruling concerned an application filed by the Liberty Fighters Network against the Minister of Cooperative Governance and Traditional Affairs, which challenged the validity of the National State of Disaster declaration and its related regulations.

Judge Norman Davis criticized the "sheer irrationality" of the regulations, and found that there were many instances of rules that were not rationally linked to the goals of slowing coronavirus spread.

"I am certain, from what I saw in the papers submitted in this matter and from a mere reading of the regulations, including the regulations for alert level 3, that there are many more instances of sheer irrationality included in it," Davis said.

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"I find that the Minister has not demonstrated, in an overwhelming number of instances, that the limitation of the constitutional rights already mentioned was justified in the context of section 36 of the Constitution."

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Source: opera.com
The views expressed in this article are the writer's, they do not reflect the views of Opera News. Read more>>
Top Comments
KathleenHuman · 06/26/2020
its about time she must go
ShillestahLiesering · 06/25/2020
does she even knows the laws i doubt it..
DirkJohannesSmit · 06/25/2020
NDZ, your grandkids ll be happy to smoke.

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