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Gauteng North High Court Declares The Lockdown Regulations Unconstitutional



The Gauteng North High Court has declared the lockdown regulations unconstitutional The North Gauteng High Court finds that lockdown regulations are unconstitutional and invalid, but the Presidency says alert level 3 remains in place until further notice. However, the order is suspended until such time Dlamini Zuma and the Government of South Africa review, amend and republish the regulations.

The order reads below..

1. The regulations promulgated by the Minister of Cooperation and Traditional Affairs (“the Minsiter”) in terms of section 27(2) of the Disaster Management Act 57 of 2002 are declared unconstitutional and invalid.

2. The declaration of invalidity is suspended until such time as the Minister, after consultation with the relevant cabinet minister/s, review, amend and re-publish the regulations mentioned above ( Save for regulations 36,38,39(2)(d) and (e) and 41 of the regulations promulgated in respect of Alert level 3) with due consideration to the limitation each regulation has on the rights guaranteed in the bill of rights contained in the constitution.

3. The Minister is directed to comply with the process ordered in paragraph 2 above within 14 (Fourteen) business days from date of this order or such longer time as this court may, on good grounds shown, allow and to report such compliance to this court.

4. During the period of suspension, the regulations published in Government Gazatte No 43364 of 28 May 2020 as Chapter 4 of the regulations designated as “Alert Level 3”, shall apply.

5. The regulations pertaining the prohibition on the sale of tobacco and related products is excluded from this order and is postponed since die, pending the finalization of case no 21688/2020 in this court.

6. The Minister is ordered to pay the costs of the first and second applicants. The amicus curiae shall pay its owns costs.

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