Government to appeal against lockdown ruling

A special sitting of the cabinet resolved yesterday to appeal against this week’s North Gauteng High Court judgment, which found the country’s level 4 and 3 lockdown regulations to be unconstitutional and invalid.

Minister in the presidency Jackson Mthembu said during a post-cabinet briefing that another court might come to a different decision.

He said the government stood by the implementation of its disaster regulations and was confident of succeeding in an appeal.

The sitting of cabinet was convened to primarily discuss the ruling by judge Norman Davis on Tuesday.

Davis ruled that lockdown levels 4 and 3 were unconstitutional and invalid, but suspended his declaration of invalidity for 14 days to allow the government enough time to respond.

Mthembu said the cabinet had resolved to appeal the matter urgently and was willing to take its defence of the regulations to the Supreme Court of Appeal.

“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.

“The government will ask that its appeal be heard on an urgent basis so it can obtain certainty on the regulations.

“The minister of co-operative governance and traditional affairs Dr Nkosazana Dlamini-Zuma will be joined in this appeal by President Cyril Ramaphosa and the minister of health, Dr Zweli Mkhize.”

The cabinet also approved the extension of the national state of disaster by another month, meaning it will now end on July 15.

The law makes provision for the declaration to last for 90 days and thereafter it can be extended only month by month.—