Assess the implications that this judgment could hold for the government
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On 2 June 2020, Judge Norman Davis handed down a judgement declaring South Africa’s lockdown regulations unconstitutional and invalid.
Judge Davis suspended the declaration of invalidity for a period of 14 days, during which time the Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma was ordered to amend the regulations in line with the Constitution.
While many citizens are likely to be pleased with Judge Davis’ decision, it is likely the judgement will not survive should it be appealed by government, says law firm ENSAfrica.
The legal experts raised three key issues with the judgement below.
1. Level 3 vs Level 4
The application was heard on 28 May 2020, the same day the alert level 3 regulations were promulgated, ENS Africa said.
“The alert level 3 regulations had therefore superseded those regulating alert level 4 and, as Judge Davis acknowledged, the alert level 3 regulations had not been placed before him,
“In our view, the question of the validity of the alert level 4 regulations had therefore become moot, and the question of validity of the alert level 3 regulations could not properly be decided if the attack relating to those regulations were not properly pleaded on the papers.”
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assess the implication that this judgement could hold for the government