Cabinet on Tuesday said it was still studying the Pretoria High Court’s judgment that declared regulations under levels 3 and 4 of the national lockdown invalid and unconstitutional.
The High Court sided with Reyno de Beer and his organisation Liberty Fighters Network (LFN), which argued the regulations failed to satisfy the rationality test as they encroached on the rights guaranteed to citizens in the Constitution’s Bill of Rights.
The court gave government through Cabinet and Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma 14 days to fix “deficiencies” in the regulations.
The COVID-19 lockdown alert level three remains applicable.
The ruling by judge Norman Davis stated that these needed to be reviewed and amended as to not infringe on constitutional rights.
“Declaration of invalidity is suspended until such time as the minister, after consultation with the Cabinet, reviews, amends and republishes the regulations mentioned above with due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights as contained in the Constitution,” read the ruling.
According to the judgment, the “constitutional crisis” in the regulations was due to various instances of irrationality that impact on the limitation issue as contained in the Constitution.
Davis said he failed to find any evidence in the papers submitted by government that Dlamini-Zuma had at “any time” considered the limitations on the rights of people, which were brought on by each of the regulations when they were promulgated.
The judge cited the impact of lockdown on the livelihoods of people in the informal sector, as well as the beauty and haircare business, during funerals, and restrictions on exercise.