Quarantine policies challenged
Order sought to ensure repatriated citizens treated with dignity
LOBBY group AfriForum yesterday asked the North Gauteng High Court in Pretoria to change government’s Covid-19 regulations and allow people who return to South Africa or are repatriated to be given the choice to self-isolate at home.
It is also the group’s case that where people are quarantined at a state facility for 14 days and they test negative for Covid-19 during this time, they should be given the option to leave the state quarantine facility to further isolate at home.
AfriForum is attacking the constitutional validity of portions of the policies of the health directives regarding travellers who return to South Africa. It is also asking for an order that those who return be treated with dignity.
According to AfriForum, currently people who returned to South Africa were handled like criminals.
The police escort them from their port of entry to a state quarantine facility whether people are able to self-quarantine or not.
AfriForum turned to court after it received numerous complaints from people in state quarantine facilities over the past three months.
The complaints include a lack of medical care and medication, and problems to obtain food for detainees with specific dietary requirements.
Further complaints included unhygienic conditions in some facilities and that people with tragic personal circumstances cannot get an early release, even after testing negative.
AfriForum said some people specifically repatriated because of crisis situations in their families, but then could do nothing to support their loved ones – even after testing negative, because they still have to sit out the obligatory 14 days.
The group said it turned to the court on an urgent basis to find solutions to the repatriated citizens’ problems without compromising anyone’s safety.
It asked that those who enter South Africa should be allowed to self-isolate at home for 14 days if able to do so. Those who test positive for Covid-19 should also be allowed to self-isolate if they so choose, until a doctor had given them a clean bill of health, AfriForum argued.
AfriForum further asked that the court order the government issue a mandate to its officials to treat those in state quarantine facilities with respect and dignity.
It said operational procedures should be developed to serve as a guideline at quarantine and screening facilities at borders regarding the testing for Covid-19 and that these results should be made available as soon as possible.
It also called on the court to order the government to ensure that those being quarantined at state facilities be allowed to receive food and beverages from family and friends and not restrained to a single room for the entire duration for their quarantine.
AfriForum further said that those in state quarantine must be provided with medical care and a forum must be identified where people could voice their complaints regarding state quarantine facilities and their treatment there.
Government is opposing the application and its stance is that the mandatory quarantine is legitimate under the circumstances.
It said this is necessary to try to contain the spread of Covid-19 by preventing these international travellers from immediately coming into contact with people within South Africa and thus to try to contain the further spreading of the virus.
The main arguments relating to the merits of the case will, however, now only be heard on July 15. This after the bulk of yesterday was taken up by an interlocutory application by AfriForum in which it wanted to amend its notice of motion.
AfriForum said this was necessary as some facts had changed since it had first launched their application more than three weeks ago.
Judge Colleen Collis, however, refused the interlocutory application.
She said AfriForum could change its case now but it was not fair on government as it had to know which case it had to face in court.
Those who test positive for Covid-19 should be allowed to self-isolate
AfriForum
CIVIL RIGHTS ORGANISATION