Government to appeal court ruling

THE government is staring at another legal challenge after the organisation that had the national lockdown regulations declared unconstitutional and invalid this week revealed that it is preparing to launch a fresh court case.

This comes as the government announced its plans to appeal against North Gauteng High Court Judge Norman Davis’s judgment giving Co-operative Governance and Traditional Affairs Minister Nkosazana Dlamini Zuma 14 days to review, amend and republish the regulations issued in terms of the Disaster Management Act.

A few hours before the announcement of the appeal by Minister in the Presidency Jackson Mthembu, the Liberty Fighters’ Network declared its plans for another legal challenge against President Cyril Ramaphosa’s administration.

Mthembu yesterday revealed the outcomes of a special Cabinet meeting convened to deliberate on the judgment delivered on Tuesday.

Davis’s ruling declared the national lockdown regulations in March unconstitutional and invalid.

Liberty Fighters’ Network was joined by the Hola Bon Renaissance Foundation, which was admitted as amicus curiae (friend of the court).

“We are also busy with something else that we will also hit the government with, which we are going to probably make public by no later than Monday,” declared the network’s Reyno de Beer.

He said there was also a lot of work to be done to ensure that the government did what it was supposed to do during the Covid-19 pandemic.

De Beer did not respond to requests for comment on the government’s decision to appeal against the ruling.

Mthembu called on South Africans to continue obeying the regulations and directions effected to fight the deadly coronavirus.

“While government appeals (against) the court judgment, current regulations remain in force and we appeal and urge all our people to observe the health protocols that have been put in place including washing of hands, social distancing and wearing of masks in public, as well as screening and referral for testing where necessary,” he said.

Mthembu defended the lockdown regulations, saying in implementing the interventions, Ramaphosa’s administration had consistently consulted all sectors of society as the fight against Covid-19 was a national effort that required unity in action between the state and all citizens.

“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,” Mthembu said.

He explained that the government would ask that its appeal be heard on an urgent basis.

Minister Dlamini Zuma will be joined in the appeal by Ramaphosa and Health Minister Zweli Mkhize.

Meanwhile Ramaphosa, Mkhize and other Cabinet ministers today are set to again descend on the Western Cape, which is the province hardest-hit by Covid-19, due to the disease’s intensity and increase, which is concerning, according to Mthembu.

The government has also extended the national state of disaster by another month until July 15, ahead of its expiry on June 15, as it is only allowed to be declared for three months.

“We are also busy with something else that will hit the government

Reyno de Beer

LIBERTY FIGHTERS’ NETWORK