Attorneys In Durban To Join DA To Battle Against Regulations

Ismail said that subsequent legal counsel had suggested that it was unlikely the courts would second guess government policy.

Attorneys In Durban To Join DA To Battle Against Regulations-SurgeZirc SA
DA Interim Leader John Steenhuisen/Photo File:Google

Durban group of attorneys who have demanded an end to the lockdown, also threatened to launch a court application challenging the constitutionality of the National Coronavirus Command Council, together with DA.

Yusuf Ismail, spokesperson for Lawyers for Constitutional Democracy, said that the group had taken additional legal counsel regarding the letter of demand it had sent to President Cyril Ramaphosa on May 15.

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They called for an end to the lockdown or a reduction to level 1 and the dissolution of the council.

The group attorneys comprises Ismail, Thembinkosi Luthuli, Christo van Rensburg, Delia Turner and Professor Emeritus George Devenish, in their personal capacity.

The letter read: “they alleged that the council was an invalid and authoritarian entity that was operating without any parliamentary oversight or constitutional mandate, and therefore any regulations it passed were null and void”.

Ismail said that subsequent legal counsel had suggested that it was unlikely the courts would second guess government policy.

He added as indicated by numerous judgments, including Constitutional Court judgments.

He said the group had been advised to rather challenge specific regulations on the grounds of rationality, reasonableness and constitutionality, and that it should team on the DA’s court challenge, as an amicus curiae.

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The DA filed an urgent application in the Constitutional Court earlier this month in which interim party leader John Steenhuisen claimed that the lockdown under the Disaster Management Act is unconstitutional.

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