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'Govt should amend regulations to bring them in line with the Constitution'

3 June 2020 1:47 PM
Tags:
High Court
lockdown regulations
lockdown regulation judgment

Attorney says if regulations found to be invalid after the 14-day period there will be grounds for citizens to issue civil action.

The High Court judgment on Tuesday by Judge Norman Davies in the urgent case brought by a group called the Liberty Fighters Network, has suspended the declaration for a period of 14 days and directed the Minister of Cooperative Governance and Traditional Affairs, in consultation with the relevant ministers to review, amend and republish the regulations.

Attorney Ulrich Roux talks to Clement Manyathela on The Midday Report about the way forward for government.

The way that I read the judgment, and there may be people who differ from me, is that we will remain in level 3 until these regulations are amended to be in line with the Constitution.

Ulrich Roux, Attorney - Ulrich Roux & Associates

Roux says the government has two options going forward.

The first option is they can file an application for leave to appeal, he says, but the second option which he believes would be the more sensible one, would be to amend the regulations.

Sit down, take these 14 days, take society and the South African community into your confidence, and see if you can make a real attempt to amend the regulations to bring them in line with the Constitution.

Ulrich Roux, Attorney - Ulrich Roux & Associates

RELATED: 'Lockdown judgment likely to be appealed, all or most of it will be overturned'

He says government should take guidance from the court.

How will those who have been arrested or fined for breaking level 3 and 4 regulations, or whose businesses have been impacted by them, now be affected?

This could well have a big impact, he says.

The government does find itself in a peculiar position. If they do not amend the regulations within 14 days, and they do not successfully lodge an application for leave to appeal or obtain an extension on the 14-day period, that means that those regulations will lapse automatically.

Ulrich Roux, Attorney - Ulrich Roux & Associates

This will result in the national state of disaster no longer being governed by the Disaster Management Act.

So people who have been found to be adversely affected by this Act where the regulations have been found to be unconstitutional will definitely have grounds to issue civil action against the government for damages suffered.

Ulrich Roux, Attorney - Ulrich Roux & Associates

Listen to the interview below:


3 June 2020 1:47 PM
Tags:
High Court
lockdown regulations
lockdown regulation judgment

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