The latest on five controversial lockdown court cases
“The court’s decision on Dlamini-Zuma’s application for leave to appeal is expected on June 24,” said De Beer.
In all likelihood, South Africa should know what happens next in legal proceedings on the constitutionality of South Africa’s lockdown regulations, within the week.
National Department of Cooperative Governance and Traditional Affairs minister, Nkosazana Dlamini-Zuma, has applied for leave to appeal Judge Norman Davis’ scathing June 2 judgment that declared the country’s lockdown regulations unconstitutional and invalid.
The unconstitutionality finding was a win for successful applicants, the Liberty Fighters Network (LFN), a voluntary association that campaigns for equal access to justice for all South Africans.
The effect of the judgment was initially suspended for 14 days. According to the LFN’s Reyno de Beer, the execution and operation of the judgment is now suspended pending the outcome of Dlamini-Zuma’s application for leave to appeal.
“The court’s decision on Dlamini-Zuma’s application for leave to appeal is expected on June 24,” said De Beer, adding that the date has not been officially confirmed.
Other legal challenges to the regulations were made in South Africa’s courts recently.
On June 22, the DA’s court case against the ban on personal care services will be heard.
The DA’s Dean Macpherson has indicated that these proceedings will continue despite the recently announced, but not yet formalised, regulation relaxations.
On June 17, the Freedom Front Plus (FF+) took to the North Gauteng High Court to challenge the constitutionality of the Disaster Management Act. It is not yet clear when this case will proceed.
On June 10, Advocate Arnold Subel SC argued on behalf of the Fair Trade Independent Tobacco Association (Fita), that South Africa’s lockdown ban on cigarettes is irrational, damaging the economy and that it drives smokers to buy illegal cigarettes. The court has reserved judgment.
On May 29, Advocate Carlo Viljoen took to court to oppose the personal care services lockdown ban. Viljoen’s application was not granted, but he has since launched another one. After a short court appearance on June 17, the matter was postponed. A future court date is yet to be confirmed.
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