The High Court in pictorial has declared lockdown alert levels 3 & 4 invalid and Unconstitutional. This could have massive implications and expose government to new lawsuits. Lockdown Level 3 Regulations Unconstitutional and Prosecutable
Dlamini-Zuma has 14 days was in which to consult with her cabinet ministers and was in which to consider the current rules and regulations imposed under lockdown level 3 and then to amend them accordingly so that they are in line with the Constitution.
Profound judgement handed down yesterday saying that the regulations as post on the 28th of May by the minister are unconstitutional and are not in line with the Constitution.
Liberty fighters network was saying essentially what it found is that some of the regulations (not all of them) were irrational. Now I’m not sure which parts are irrational but let’s say it had a so called irrational ruling an impact on someone’s business doesn’t that leave government open to being sued. Certainly they asked for for the amendments to be declared unconstitutional but more specifically the two important praise that they did asked for was to for the court to find that gatherings must all be made legal and secondly that people’s freedom of movement cannot be inhibited and can not be taken away as that is in direct contravention of the Constitution.
For instance say a business was forced to be closed such as a hair dresser which has seen a lot of interest under the level three regulations can prove that these regulations cause severe financial hardship for the business led to severe strain being suffered by the owners of the business then definitely there would be a possible damages claim that can be brought against the government.
People must remember is that the court made it very clear that the finding yesterday does not take into consideration the ban on the sale of cigarettes and that is a judgment that’s still waiting to happen or still waiting to end. Judgement on whether the prohibition on the sale of cigarettes is still in place or not.
Dlamini-Zuma has come and a lot of scrutiny with the regulations that she has passed and we are all of course aware of the turn around that the government made pertaining to the prohibition on the sale of cigarettes and they need to consider this judgment very carefully
The only way that proper regulations and rules in terms of the lockdown can be implemented is if society supports that and if society does not support that then the government is in deep trouble.
Society is angry and they feel that their needs and the constitutional rights must be taken into consideration and if it is not in the government must pay.
Lockdown Level 3 Unconstitutional and Prosecutable
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