Question

A South African high court has declared governments lockdown regulations for level 4 and 3 unconstitutional, and therefore invalid. Assess implication this judgment cold hold for government

Answer 1

Answer:

A South African High Court has declared the government’s lockdown regulations unconstitutional and, therefore, invalid, driving a coach and horses through its COVID-19 strategy.

Justice Norman Davis found that both the level 3 and level 4 regulations are “irrational”. The government has five COVID-19 alert levels, from level 5 down to level 1, when most normal activity can resume.

After two months of enduring one of the most stringent lockdowns of any country, there have been signs of restlessness in some communities. As the government added greater detail to the regulations, when the country moved from level 5 to level 3, the credibility of restrictions has been stretched.

But the legal and governance impact of this week’s judgment is far-reaching. It will heap further unwelcome pressure onto a government that is already under intense pressure as it tries to navigate a complex, wholly unfamiliar and ever-changing decision-making terrain.

Answer 2

There were signs of an anxiety in certain communities after 2 months of one of the most rigorous lock-outs in any world. When the govt. added more clarity to the rules, the integrity of the restrictions was extended as it went from level 5 to level 3.

Explanation:

• However,  this judgment has far-reaching legal & governance impacts. The govt is under great pressure to negotiate a complicated, totally unknown and rapidly shifting decision-making environment. It would bring more unforeseen pressure on the state.
• The declaration of the state of disaster was justified when taking into consideration the rationality test since steps were urgently needed to curb the spread of COVID-19 and to turn an ailing and deteriorating condition of health care system into a situation of preparedness that can cope with the previously unparalleled demand for high & intensive care services.
• The High Court decision that nearly all lock-down laws for disasters are unconstitutional poses critical concerns about the government's duty to behave rationally & transparently and to restrict freedoms as least as practicable.
• Nevertheless, the shallow review of the "specific regulations" by the judge and the general scope of the judicial order undoubtedly would lead to the reversal of the decision on appeal.

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A South African government has declared the government lockdown ...

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