Lawyer says plan to appeal ruling a ‘shock’

ZELDA VENTER zelda.venter@inl.co.za

THE lawyer who represented Liberty Fighters Network (LFN) – the group which scored a victory when it had some of the lockdown regulations declared invalid this week – said he was surprised and shocked by the fact that the government wants to appeal the judgment.

Zahir Omar yesterday said he had not yet received anything from the government in this regard, thus he did not know what the grounds for appeal were.

“The first I knew about it was when I read it in the media,” he said.

But the government has 15 days from the date of the judgment to note their intention to ask for leave to appeal.

“Until they note their intention to appeal, the judgment stands.”

Omar said it was a pity the government took the decision to appeal. In his view, one would expect a responsible government to go back to Parliament to look at the regulations which were declared unconstitutional and amend in line with the Bill of Rights.

Omar said it was worrisome that the government had “too much power” and had become “too confident”. He said it was time that the citizens of this country stood together to make their voices heard.

“They must know that I am ready to oppose any application for leave to appeal,” he said.

LFN head Reyno de Beer, who presented his case in person to the North Gauteng High Court in Pretoria, could not be reached for comment yesterday. However, he had earlier said he would be surprised if the government did try to appeal the judgment.

“We are waiting for the government’s response. But I honestly don’t expect them to appeal this. That would be a slap in the faces of South Africans.

“The AU and the UN are now aware that the lockdown regulations were declared unconstitutional due to the infringement of our human rights and their eyes will be on us,” De Beer said shortly after the judgment.

Cabinet announced a day after the much talked about judgment that it would urgently ask for leave to appeal.

It was, however, not known when this will be.

Minister in the Presidency Jackson Mthembu said during a media briefing that Cabinet had decided to appeal “so that all of us can obtain certainty on the regulations”.

Judge Norman Davis gave the government 14 days in which to come up with amended regulations which do not infringe on people’s basic rights.