This archive report was first published on 4 June 2020.
On June 4, 2020, the High Court in Pretoria delivered a significant ruling in the fight against the coronavirus pandemic, declaring alert levels four and five lockdown regulations imposed by the South African government as "unconstitutional and invalid".
The court challenge, filed by Reyno Dawid de Beer and Liberty Fighters Network, argued that the regulations infringed on rights enshrined in the Bill of Rights in the Constitution.
Under levels four and five, most businesses, social activities, and movement of people were restricted, with President Cyril Ramaphosa describing the measures as "stringent".
However, Judge Norman Davies ruled that while the declaration of a national state of disaster remains rational, the regulations that come with it should not encroach on people's rights.
"The regulations promulgated by the Minister of Cooperative Governance and Traditional Affairs in terms of Section 27(2) of the Disaster Management Act 57 of 2002 be declared unconstitutional and invalid," read the ruling.
Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma has 14 days to review, amend, and republish the changes to the regulations while current lockdown measures remain in operation.
Justice Davies spoke out in support of "traders, fisheries, shore-foragers, construction workers, street vendors, waste pickers, hairdressers, and the like who have lost their livelihood and the right to 'eke out a livelihood...'"
