News Articles

Here is what the High Court said about the various lockdown regulations

Source: News 24, 04/06/2020

Although the country is still on lockdown, the Gauteng High Court
in Pretoria has declared various regulations governing Alert Level
3 and 4 as unconstitutional and invalid.
Judge Norman Davis found that little or no regard was given to the
extent of the impact of individual regulations on the
constitutional rights of people and whether the extent of
limitation of their rights was justifiable or not.
The judgment was handed down on Tuesday following the urgent
application brought by the Liberty Fighters Network (LFN) and the
Hola Bon Renaissance Foundation.
Davis ordered Minister of Cooperative Governance and Traditional
Affairs Nkosazana Dlamini-Zuma to formulate changes to the
regulations within 14 days.
However, News24 reported that the national state of disaster is
set to lapse before that deadline.
Here is what the High Court said about the various regulations:
On the attendance of funerals:
The disparity of the situations is not only distressing but
irrational.
Judge Norman Davis
Davis said: `When a person, young or old is in the grip of a
terminal disease, other than Covid-19 and is slowly leaving this
life to ease that suffering and the passing, it is part of the
nature of humanity for family and loved ones to support the
sufferer.
`One might understand the reluctance to have an influx of visitors
should the person at death`s door be inside the doors of a medical
facility for fear of the spread of Covid-19, but what if the
person is in his or her own home or at the home of a family member
or a friend?`
He said once a person has died, up to 50 people `armed with
certified copies of death certificates may even cross provincial
boarders to attend the funeral of one who has departed and is no
longer in need of support. The disparity of the situations is not
only distressing but irrational.`
On night vigils being prohibited:
Davis questioned why night vigils were totally banned, saying if
one wants to prevent the spreading of the novel coronavirus
through close proximity, why not impose time, distance and closed
casket prohibitions.
`Why not allow a vigil without the body of the deceased? If long
distance travel is allowed albeit under strict limitations, a
vigil by a limited number of grieving family under similar
limitations can hardly pose a larger threat,` he said.
On hairdressers, waste pickers, street vendors and construction
workers:
The High Court Judge said there were millions of South Africans
who operate in the informal sector, who have lost their
livelihoods.
`Their contact with other people is less on a daily basis than,
for example, the attendance of a single funeral. The blanket ban
imposed on them as opposed to the imposition of limitations and
precautions appear to be irrational.
`In the case of a hairdressers, a single mother and sole provider
for her family may have been prepared to comply with all the
preventative measures proposed in the draft Alert Level 3
regulations but must now watch her children go hungry while
witnessing minicab taxis pass with passengers in closer proximity
to each other than they would have been in her salon.
`She is stripped of her rights of dignity, equality, to earn a
living and to provide for the best interest of her children,`
Davis said.
On limitations of exercise:
Davis said limitations on exercises were `equally perplexing`.
`If the laudable objective is not to have large groups of people
exercising in close proximity to each other, the regulations
should say so rather than prohibit the organising of exercise in
an arbitrary fashion.
`To restrict the hours of exercise to arbitrarily determined time
periods is completely irrational. On places and premises closed to
the public.`
He also added that it can hardly be argued that it is rational to
allow scores of people to run on the promenade but `were one to
step a foot on the beach, it will lead to a rampant infection`.
`And what about the poor gogo who had to look after four
youngsters in a single room shack during the whole lockdown
period? She may still not take them to the park, even if they all
wear masks and avoid other people altogether.`
On certain clothing items being sold:
The Judge said: `One need only to think of the irrationality in
being allowed to buy a jersey but not undergarments or open-toed
shoes and the criminalisation of many of the regulation`s
measures.`
www.samigration.com


Search

  •    Testing... Read more...
  •    Amid speculations surrounding offshore visa processing, the Department of Home Affairs has clarified that visa applications continue to be processed during the coronavirus pandemic, but decision delays cannot be ruled out.... Read more...
  •    Cape Town - Home Affairs Minister Aaron Motsoaledi has revealed that his department has found an increase of more than 300 foreigners trying to enter the country during the Covid-19 pandemic lockdown amid the questions in the Beitbridge border post fencing.... Read more...
  •    Mango Airlines will resume flights on Monday, June 15, between Johannesburg, Cape Town and Durban. Travellers must present a travel permit and letter from their employer authorising business travel. This will be checked at the entrance to airports and again at check-in and boarding, says CEO, Nico Bezuidenhout. “Important enough to say it twice: if a traveller does not have a relevant permit for essential or business travel with the appropriate sign-off, the traveller will not be granted access to the airport and may subsequently forfeit the purchased ticket.”... Read more...
  •    The Covid-19 death toll has hit 848, after 56 more people died - 54 of whom were from the epicentre Western Cape. The number of cases rose by 3 267 to 40 792. The number of recoveries is 21 311. The government is set to appeal a court judgment handed down this week which declared the lockdown regulations for Levels 3 and 4 unconstitutional. This came as the government also announced that a state of disaster will be extended until 15 July. Here is what the courts found in the ruling.... Read more...
  •    Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma (GCIS) • High Court Judge Norman Davis has given Minister Nkosazana Dlamini-Zuma 14 days to amend lockdown regulations, however, the national state of disaster is set to lapse before that deadline. • Davis has slammed some of the regulations, saying there are millions of South Africans who operate in the informal sector, who have lost their livelihoods. • Davis says in the case of hairdressers, a single mother and sole provider for her family is stripped of her rights of dignity, equality, to earn a living and to provide for the best interest of her children.... Read more...
  •    Pleas for DIRCO to help South Africans stranded abroad, or stuck in SA with jobs abroad, have increased as many run out of money, medicine and hope. The DA today issued a call for Dirco to liaise better with embassies in helping get citizens home; and AfriForum this morning issued urgent court papers in an effort to find solutions to the many problems facing South African citizens needing repatriation, including the fact that they are still required to spend a minimum of 14 days in quarantine in a state facility, while most have the ability and would prefer to isolate themselves.... Read more...
  •    Mango Airlines will resume flights on Monday, June 15, between Johannesburg, Cape Town and Durban. Travellers must present a travel permit and letter from their employer authorising business travel. This will be checked at the entrance to airports and again at check-in and boarding, says CEO, Nico Bezuidenhout. “Important enough to say it twice: if a traveller does not have a relevant permit for essential or business travel with the appropriate sign-off, the traveller will not be granted access to the airport and may subsequently forfeit the purchased ticket.”... Read more...
  •    Pleas for DIRCO to help South Africans stranded abroad, or stuck in SA with jobs abroad, have increased as many run out of money, medicine and hope. The DA today issued a call for Dirco to liaise better with embassies in helping get citizens home; and AfriForum this morning issued urgent court papers in an effort to find solutions to the many problems facing South African citizens needing repatriation, including the fact that they are still required to spend a minimum of 14 days in quarantine in a state facility, while most have the ability and would prefer to isolate themselves.... Read more...
  •    First National Bank has been accused of freezing the accounts of asylum seekers whose permits have expired during lockdown. Refugees can`t renew permits because offices are closed A Zimbabwean asylum seeker says First National Bank (FNB) froze his account when his asylum papers expired during lockdown in spite of explanations from the Department of Home Affairs that refugee offices are closed. According to People Against Suffering and Oppression (PASSOP), his is one of at least ten accounts which have been frozen in the same way.... Read more...

Get the latest Immigration News