Home South Africa News Lockdown regulations declared invalid and unconstitutional by the high court

Lockdown regulations declared invalid and unconstitutional by the high court

President Cyril Ramaphosa1

The government is likely to appeal the High Court’s declaration of lockdown regulations as invalid and unconstitutional, this is according to Lawson Naidoo, from the Council for the Advancement of the South African Constitution.

Legal opinions differed from experts on the merits of the High Court’s decision with some experts responding positively to the judgment and others drew attention to possible weaknesses in the case.

President Ramaphosa

Nthabiseng Dubazana from Dubazana Attorneys applauded the decision of the court to hold the government accountable for safeguarding people’s human rights. She said there were no consequences for authorities set out in the regulations in the event that they failed to comply with the regulations.

Justin Ramages from TGR Attorneys said some of the provisions that have been declared unconstitutional may be declared the reverse should the government provide sufficient justification. Constitutional law expert Michael Osborne said the affidavit placed before the court was hastily assembled.

Osborne said multiple lawsuits may be inspired by the success of this one but civil suits would be difficult to as in ordinary courts the government is immune prosecution there.

I’m doubtful that anyone will see a penny of civil reparations even assuming that all these regulations are out of order,” he said.

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Source: eNCA