Lockdown ruling: LFN claims victory, says government's appeal academic

Lockdown ruling: LFN claims victory, says government's appeal academic

-The Gauteng High Court is only allowing Minister Nkosazana Dlamini-Zuma to appeal a portion of the judgment concerning the lockdown

- The minister was also given 10 days to amend to lockdown regulations

- The Liberty Fighters Network says that it is overjoyed at the judgment dubbing Dlamini-Zuma's appeal as 'academic'

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The Gauteng High Court has ordered Minister Nkosazana Dlamini-Zuma to amend lockdown regulations within the next 10 days.

In addition to this, the court ruled that Dlamini-Zuma may only appeal certain parts of Judge Norman Davis' judgment.

Briefly.co.za reported that the High Court had ruled the national lockdown is invalid and unconstitutional, ordering the government to amend the regulations.

The Liberty Fighters Network is claiming the ruling as a victory against the government, issuing a statement on the win:

"Liberty Fighters Network (LFN) and its president, Reyno De Beer, were overjoyed when they received the order of the High Court, Gauteng Division, Pretoria in the application for leave to appeal late yesterday afternoon (Tuesday) wherein Davis ordered that, above others, the restrictions on all businesses, religious and other gatherings, exercise, walking on the beach and the public parks, freedom of movement must stand as obvious constitutional violations, no doubt."
coronavirus

Minister Nkosazana Dlamini-Zuma
Source: UGC

READ ALSO: Court declares Level 3,4 of lockdown 'unconstitutional and invalid'

In his ruling, Davis slammed a number of regulations adding that:

"The conclusions are that the minister should be granted leave to appeal against the 'blanket' declarations of invalidity but should still be required to review and remedy those identified regulations which displayed a lack of rationality and constitutional compliance."

LFN was surprised that Davis had also chosen to exclude Regulation 48(2) from the appeal, which allows for citizens to face arrest for violating regulations:

"Yes, we believe that although the sale of tobacco is still technically prohibited in terms of Regulation 45, the court has brilliantly now also ordered that the sale of tobacco does not carry criminal prosecution...The police and other law enforcers may legally not enforce the unlawful sale of tobacco anymore."

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Source: Briefly.co.za

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