ConCourt Dismisses Urgent Application for Leave to Appeal Judgment in Masjid Opening Matter

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Faizel Patel – 05/06/2020

The Constitutional Court has dismissed an urgent application sought by Muhammed Bin Hassim Mohomed, Anas Mohammed Chotia and the As-Saadiqeen Islamic Centre for leave to appeal the judgment and direct access by challenging the constitutionality of the COVID-19 lockdown.

The applicants in April challenged President Cyril Ramaphosa, Cooperative Governance Minister Nkosazana Dlamini-Zuma and Health Minister Dr Zweli Mkhize in a bid to declare certain parts of the lockdown regulations unconstitutional as it prohibited Muslim daily prayers in congregation at Masaajid.

Judge Neukircher dismissed the application and disagreed that the restrictions imposed are either unreasonable or unjustifiable and that the application must fail.

The application to the ConCourt to appeal the judgment by the applicants than followed.

The ConCourt says it had considered the application to appeal directly to the court.

“It has been concluded that both the application to appeal directly to this court and the application for direct access should be dismissed as they are not in the interests of justice to hear.”

The court has decided not to award costs.

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