This archive report was first published on 5 June 2020.
On June 5, 2020, the High Court in Pretoria made a significant ruling in the fight against the coronavirus pandemic, declaring South Africa's lockdown regulations under levels four and five 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 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.
