Court dates set in AfriForum, DearSA’s case against government’s health regulations

AfriForum and DearSA’s application challenging government’s proposed regulations for Covid-19 rules will be heard by the Pretoria High Court in July.

The organisation filed their papers earlier this month arguing that the draft regulations “outside of the intended scope of the legislation”.

They had also raised concerns over government’s handling of the public participation process regarding commentary on the newly proposed amendments to the National Health Act.

Both parties want the court to declare the regulations invalid and unconstitutional. They also want the court to review and set them aside.

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While the Department of Health is opposing the legal action, the application is set to be heard on 26 and 27 July, DearSA confirmed on Thursday.

The department, on 4 May, pushed through with the regulations relating to the surveillance and control of notifiable medical conditions following the termination of the National State of Disaster.

President Cyril Ramaphosa had in April that Cabinet had decided to end the country’s State of Disaster, but transitional measures were put in place and was set to lapse after 30 days.

This was due to the requirements for a State of Disaster to be declared in terms of the Disaster Management Act no longer being met.

But AfriForum accused government of wanting to permanently enact lockdown rules into the health regulations.

Health regulations

The proposed regulations were published in March and the public was only given a month to comment.

The deadline for public comment has since been extended until 5 July, with the department saying the extension was in line with statutory requirements.

The department also indicated that the extension will afford government sufficient time to go through and consider all comments and representations on the regulations.

The regulations will ensure there are enough protective measures in order to manage the current Covid-19 pandemic as well as future outbreaks.

READ MORE: New Covid-19 rules ‘poorly drafted’, say experts

The proposals include a limit on the number of unvaccinated people for indoor activities and, that the mask mandate for indoor gatherings stay in place. 

Government will still have the discretion to decide on other restrictions such as curfew, sport activities, lockdowns, economic activities, the sale of alcohol, among others.

The draft rules also lay out the requirements for self-isolation, as opposed to being directed to a government facility, among others.

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