High Court strikes down ‘paternalistic’ lockdown regulations - The Mail & Guardian

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High Court strikes down ‘paternalistic’ lockdown regulations - The Mail & Guardian
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The government’s response to the Covid-19 pandemic was a “paternalistic” one, said the Pretoria high court on Tuesday, when it struck down as unconstitutional the lockdown regulations under the Disaster Management Act.

time to “review, amend and republish” some of the regulations. However, an application to appeal is likely to be made in that time.

In such circumstances, the regulations had to be “closely scrutinised”, said the judge. Davis said each regulation had to be both rational and justifiable under the Constitution and went on to look at individual aspects of the regulations. He said that the evidence before him — an affidavit from the co-operative governance and traditional affairs director-general on behalf of the minister — did not show that the minister had considered each of the regulations individually for their constitutionality. “The director general’s affidavit contains mere platitudes in a generalised fashion in this regard, but nothing of substance,” he said.

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