Government believes another court will come to a different conclusion on lockdown ruling
The government said on Thursday that it will appeal a court decision that ordered its lockdown invalid saying it believed another court would come to a different conclusion on the matter.
“After obtaining legal advice and listening to numerous comments made by members of the legal fraternity in reaction to the judgment, we are of the view that another court might come to a different conclusion on the matter,” minister in the presidency Jackson Mthembu said at a media briefing after the cabinet meeting.
In his judgment, Judge Norman Davis said the declaration of a national state of disaster in terms of section 27 of the Disaster Management Act in response to the pandemic is rational. However, the regulations in respect of alert levels 4 and 3 are not “rationally connected to the objective of slowing the rate of infections or limiting the spread thereof”.
Dlamini-Zuma will be joined by President Cyril Ramaphosa and the health minister Zweli Mkhize in the appeal. We believe our decision-making methodology was very open and we did not do anything that would justify what the court arrived at. That is why we are taking the matter on appeal.”
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