The South African government will appeal a High Court judgement that has declared some of the earlier coronavirus lockdown restrictions unconstitutional.
Minister for the Presidency Jackson Mthembu said while the government appeals the court judgment, current regulations remain in force and has appealed to all to observe all the health protocols that have been put in place.
“The judgment sought to say that level 3 and 4 regulations were invalid – in our view, those regulations were properly enacted and within the framework of the National Disaster Management Act,” said Mthembu.
Mthembu said the regulations were crafted to save lives. SA acted early to put in measures to slow the virus.
He added that the Cabinet has approved the extension of the National State of Disaster by another month, to 15 July 2020.
Mthembu said throughout the lockdown many lives were saved in South Africa.
The lockdown was imposed to curb the spread of the COVID-19 while giving the government time to prepare the healthcare system for the expected spike in virus infections.
While some citizens are pleased with Judge Davis’ decision, it is likely, in our view, that the judgment will not survive should it be appealed by the government, ENSAfrica, Africa’s biggest law firm, said in its latest newsflash.
The application was heard on 28 May 2020, the same day the alert level 3 lockdown regulations were promulgated.
The alert level 3 regulations had therefore superseded those regulating alert level 4 and, as Judge Davis acknowledged, the alert level 3 regulations had not been placed before him.
“In our view, the question of the validity of the alert level 4 regulations had, therefore, become moot, and the question of validity of the alert level 3 regulations could not properly be decided if the attack relating to those regulations were not properly pleaded on the papers,” wrote Aslam Moosajee, ENSAfrica’s Dispute Resolution Executive and Joshua Davis, aCandidate Attorney.