Minister Dlamini-Zuma files application for leave to appeal unconstitutionality finding

Government has applied for leave to appeal last week’s High Court ruling that declared many level 3 and 4 lockdown regulations unconstitutional and invalid.

If leave to appeal is granted, the actual appeal will follow.

The controversial June 2 judgement, handed down by Judge Norman Davis, was made against the Minister of National Department of Co-operative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma.

Davis labelled a great deal of South Africa’s lockdown rules irrational and questioned the logic behind them.

The applicants who had successfully argued for this outcome were Reyno de Beer and the Liberty Fighters Network (LFN).

Upon learning of the leave to appeal application, De Beer said in a statement: “We believe that the judgement was fair and justifiable and that she is going to find it very difficult to argue that another court would reach a different decision”.

It is argued on behalf of Gogta that Davis’ judgment cannot prevail when scrutinised, as it is too vague. The documents indicate that an ironclad finding on constitutionality should clearly set out each rule being challenged, the constitutional right infringed on and details on the infringement itself. This, the prospective appellant indicated, was not done.

Legal experts indicated that, instead of providing this clarity, Davis’ judgement included unspecified regulations under a blanket declaration of invalidity. Therefore, many have stated that the judgement will be easily appealed.

Meanwhile, many South Africans have indicated their support of the human rights entrenching judgment, regardless of its technical shortcomings.

Caxton Local Media  will keep readers informed on subsequent developments.

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