Court hears of lockdown rights

Less restrictive mechanisms which uphold human rights exist to deal with Covid-19, instead of the national state of disaster, the Liberty Fighters Network (LFN) and its president, Reyno de Beer, have argued in court papers.

The two parties approached the Supreme Court of Appeal (SCA) yesterday to file an application for leave to cross-appeal a high court judgment in their battle with the minister of cooperative governance and traditional affairs (Cogta) and the president.

In his high court judgment, Judge Norman Davis ruled that certain Disaster Management Act regulations were unconstitutional and invalid.

The LFN argued Davis erred in some aspects of the case, saying they believe “a different court would reasonably come to a different conclusion”.

In court papers filed with the SCA, the body argued that the declaration of the national state of disaster was unlawful because it used the Disaster Management Act to do so.

“We say so because the International Health Regulations Act [IHRA] could have adequately provided for dealing with Covid-19, under which the president could have enacted proper regulations which would have been overseen by parliament and the [National Council of Provinces],” they said.

They added the IHRA catered for “any disease” with a focus on the “full respect for the dignity, human rights and fundamental freedoms of persons”.

This was something the Disaster Management Act lacked, they reasoned.

“There is no reason why the Cogta minister had to resort to the [Disaster Management Act] when, in fact, legislation existed that provided a less restrictive mechanism to deal with the Covid-19 pandemic properly controlled by the president, parliament and the NCOP.”

In addition to this, the parties say it would have been “less restrictive” if the minister “allowed parliament” to declare a national state of emergency.

This would have allowed the United Nations to appoint a special oversight committee to ensure that basic human rights were protected through international laws.

However, the minister gave no reason why the national state of disaster was declared in terms of the Disaster Management Act. – News24 Wire

Minister should have allowed parliament to declare a national state of emergency.