Judge Norman Davis ruled that Cogta Minister Nkosazana Dlamini-Zuma had to formulate changes to the regulations within 14 days.
The North Gauteng High Court in Pretoria declaring lockdown levels 4 and 3 unconstitutional and invalid vindicates the Bill of Rights and Constitution, the applicants’ attorney said on Monday.
“What [the] Cabinet and what the president did throughout this lockdown period in making irrational regulations in closing barbershops, allowing people on the promenade but not allowing them on the beach, is irrational,” he said. The judgment said the government had not produced any bona fide evidence that its means of enforcing the lockdown were “justifiable” and they could therefore be deemed arbitrary and unlawful.
He found while the minister’s declaration of a national state of disaster was rational, the regulations promulgated for levels 4 and 3 in a substantial number of instances were “not rationally connected to the objectives of slowing the rate of infection or limiting the spread thereof”.
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