In a surprise ruling against the South African government, the country’s high court on Wednesday declared that the current coronavirus pandemic lockdown regulations put in place since March were “invalid and unconstitutional.”
The ruling was a response to a complaint from Reyno De Beer and his non-governmental organisation called Liberty Fighters Network, who told the court the lockdown was unconstitutional and should be invalidated.
Sitting in Pretoria, the high court said the lockdown regulations meant to contain the pandemic should be abandoned till Pretoria came up with new rules that respected the people’s civil rights.
The court, however, provided the government with temporary relief by suspending the declaration against the administration for two weeks.
This means that current lockdown rules would remain in operation for now, the court said.
In addition, the court directed members of the National Coronavirus Command Council, which is led by President Cyril Ramaphosa, to amend the lockdown regulations and align them with the country’s Bill of Rights which are part of the laws in the constitution.
The court added: “The declaration of invalidity (of lockdown rules) is suspended until such time the Minister, after consultation with the relevant Cabinet ministers, review, amend and republish the regulations.”
This should be done “with due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights contained in the Constitution,” the court said.
De Beer said the ruling was “a victory for all South Africans.” Pretoria has also been ordered to pay court costs to De Beer as the complainant.
Responding to the ruling, the government said it would make its views known after fully studying the setback judgment.
NM/jn/APA