SCA Overturns High Court Ruling on Covid19 Regulations Being Unconstitutional

SCA Overturns High Court Ruling on Covid19 Regulations Being Unconstitutional

  • The Supreme Court of Appeal recently overturned a High Court ruling about the lockdown regulations being unconstitutional
  • The case was brought forward by the Liberty Fighters Network last year but the SCA stated that it was 'wholly inadequate'
  • This follows the North Gauteng High Court ruling that the regulations were invalid and unconstitutional around this time last year

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On Thursday, 1 July, the Supreme Court of Appeal (SCA) overturned a ruling made at a high court that the lockdown rules in SA were unconstitutional. The SCA stated that the case was brought by the Liberty Fighters Network (LFN) in May 2020.

The Court said that the case was 'wholly inadequate' and that the high court was willing to see a case that was not there and unjustifiably excused the manner in which it was presented.

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In June 2020 the North Gauteng High Court declared that the regulations were 'unconstitutional and invalid'. The regulations were brought forward by Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma.

Supreme Court of Appeal, dismiss, court declaration, Covid-19 regulations, unconstitutional
The Supreme Court of Appeal has overturned a ruling made by the North Gauteng High Court that the lockdown is unconstitutional. Image: Ulrich Baumgarten and Gaby Oraa/Bloomberg
Source: Getty Images

News24 reported that the LFN focused more on the regulations that it alleged violated the Constitution's Bill of Rights. The network stated that the regulations went over the purpose and objectives of the act and that the regulations were both incorrect and irrational.

A report by TimesLIVE stated that the SCA was quite sceptical of the LFN's case as it (the SCA) said that the case was based on 'broad conclusions and sweeping generalisations.

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Covid-19 cases are on a constant rise in South Africa with over 21 000 cases reported in a day

Earlier, Briefly News reported that 21 584 new Covid-19 cases and 382 more deaths were reported bringing the total number of deaths in the country to 61 029. The National Institute for Communicable diseases has revealed that the above has caused a 28.4% positivity rate of infections

Read also

Covid19 update: Nearly 20 000 new cases, Gauteng counts for 57% of infections

On Thursday, 12 806 of the new cases were recorded from Gauteng, 2 447 in the Western Cape while 1 241 were recorded in KwaZulu-Natal. Gauteng still leads the infection rate in the country.

The National Institute of Communicable Diseases stated that there were 769 new hospital admissions in the last day, making the total number of people in the country's healthcare facilities with Covid 13 396.

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Source: Briefly.co.za

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