A South African High Court has declared the government's
lockdown regulations for levels 4 and 3 unconstitutional, and
therefore invalid.
Assess the implications that this judgment could hold for the
Government
Answers
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Good. But where is the question????
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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.
To know more
A South African government has declared the government lockdown ...
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