Image via: Gallo
The Gauteng High Court has, on Tuesday 2 June, declared the lockdown regulations promulgated by Nkosazana Dlamini-Zuma unconstitutional.
Image via: Gallo
Lockdown regulations promulgated by the Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma have been condemned by the Gauteng High Court; so much so, that the laws have been deemed “unconstitutional and invalid”.
Government has taken note of the judgement delivered by the Gauteng Division of the High Court, declaring the Alert Level 4 and Alert Level 3 lockdown regulations unconstitutional and invalid. The court suspended the declaration of invalidity for a period of 14 days.
This means that the Alert Level 3 regulations remain in operation for now.
The court has further directed Dlamini-Zuma, in consultation with the relevant minister to review, amend and republish the regulations with “due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights”.
The regulations pertaining to the prohibition on the sale of tobacco and related products is excluded from this order and is postponed, pending finalisation of the case.
Dlamini-Zuma is also ordered to pay costs of the first and second applicants, who are Reyno Dawid de Beer and the Liberty Fighters Network. The amicus curiae, Hola Bon Renaissance Foundation, shall pay its own costs.
Cabinet will make a further statement once it has fully studied the judgement on the lockdown regulations.
A Facebook group by the name of Protest March Against The Tobacco Ban, took to the streets across the country on Tuesday 2 June.
The group, if you couldn’t tell from its name, is trying every avenue to get the tobacco ban lifted. The group believes that smoking is a personal choice and not one for the government to make. The group has in doing so, criticised certain parts of the lockdown regulations.
Followers of the group were all set to protest at midday on Tuesday in Cape Town, Pretoria, Johannesburg, Port Elizabeth, Witbank, Mossel Bay, Durban, Rustenburg, Vredenburg and Mtunzini KZN.
According to EWN, supporters of the national tobacco protest were dispersed by the police at the Union Buildings in Pretoria. Police said protests were not permitted during the lockdown.
This is a developing story, updates to follow.