Government to appeal ruling

THE government will appeal against the North Gauteng High Court judgment that declared most level 4 and 3 lockdown regulations “invalid” and “unconstitutional” this week.

Minister in the Presidency, Jackson Mthembu, told the media at a briefing in Pretoria yesterday that the decision to appeal against the judgment on an urgent basis had been taken at a special Cabinet meeting earlier in the day.

Minister of Health, Zweli Mkhize, will join the application as a third respondent along with Minister of Co-operative Governance and Traditional Affairs, Nkosazana Dlamini Zuma, and President Cyril Ramaphosa.

Liberty Fighters Network filed an urgent application on May 28 asking the court to declare the State of Disaster and regulations under the Disaster Management Act 57 of 2002 “unconstitutional, unlawful and invalid”.

They won their application regarding some of the regulations, which Judge Norman Davis ruled were “irrational” and “invalid”, with costs against Dlamini Zuma.

Davis ordered the minister to amend and republish the regulations within 14 days, during which the declaration of invalidity would remain suspended.

However, Mthembu said yesterday that the government was “very confident” that it had made the right decision in crafting the regulations.