- Thuli Madonsela said South Africans are sick of listening to the government while they go hungry
- The former Public Protector said lockdown rules have to be reasonable
- Opposition parties have welcome the Judge Norman Davis ruling about lockdown, saying it reflects the views of South Africans
Many legal experts, political analysts, commentators and even ordinary South Africans have expressed their views on the De Beer and Others v Minister of Cooperative Governance and Traditional Affairs case that has taken the spotlight recently.
The ruling on Tuesday came after Liberty Fighters Network brought an urgent application to have the regulations promulgated in terms of the Disaster Management Act declared unlawful and invalid. Judge Norman Davis ruled in favour of LFN.
The government has been given 14 days to review, amend, and republish the lockdown regulations, taking into account the Bill of Rights and South Africans' constitutional rights.
A political analyst said the ruling raised questions about how government approached the restrictions. Sanusha Naidoo said:
"What this does suggest is how the government excluded the Bill of Rights; did the government encroach on the Bill of Rights? What we do know is that there are certain parts in the Constitution that give the government certain powers, but for ordinary people what this means is that there is a trust deficit in the ANC."
Another Political analyst Ralph Mathekga said:
“This judgment essentially means that the government cannot justify its lockdown measures. They have forgotten that we live in a democracy and if they appeal this, it would be too risky because it would show pure arrogance because of the illogical regulations."
Advocate and former Public Protector Thuli Madonsela wrote an open letter to President Cyril Ramaphosa in which she reminded him that rules have to be reasonable and in the court of public opinion. She added that informal traders are affected the most and Ramaphosa needs to hear their cries.
Madonsela said people are getting sick of listening to the government. The government has told people to stay at home but they are hungry. She added that the government needs to take into account that the ruling resonates with many people who don't have voices.
Opposition parties also welcomed the ruling, DA interim leader John Steenhuisen said:
"It confirms our position that many of the government lockdown regulations were petty, irrational and unreasonable."
The government is still studying the judgement and would make a statement once done.
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