Question

A south African High Court has declared the government's lockdown regulations for levels 4 and 3unconstitutional, and therefore invalid Assess the implications that this judgement could hold for the Government. ( 10 marks answer)

Answer 1

Answer:

Following the declaration of the National State of Disaster on March 15, 2020, a number of regulations have been enacted to contain and minimise the spread of COVID-19 in South Africa. On June 2, 2020, Judge Norman Davis of the South African High Court found the regulations issued in terms of section 27 of the Disaster Management Act, 2002 (Act No. 57 of 2002) (the “Act”) under Government Gazette No. 43258 (the “Regulations”), unconstitutional and invalid. See De Beer and Others v. The Minister of Cooperative Governance and Traditional Affairs (“De Beer”).In this piece, we provide an overview of the Court’s analysis pursuant to the ration