Faizel Patel – 04/06/2020
Minister in the Presidency Jackdon Mthembu says government has decided to appeal the judgment by the North Gauteng High Court on lockdown regulations.
Mthembu was briefing the media on Thursday on the outcomes of the Cabinet meeting.
On Tuesday the North Gauteng High Court declared the Level 3 and Level 4 COVID-19 lockdown regulations unconstitutional and invalid.
The court ruled that Cooperative Governance and Traditional Affairs Minister of Nkosazana Dlamini-Zuma has 14 days to formulate changes to the regulations.
Alert level 3 regulations will remain in operation for now.
The court said government has not produced any bona fide evidence that its means of enforcing the lockdown are “justifiable”, and they can therefore be deemed arbitrary and unlawful.
Mthembu says government would appeal the North Gauteng High Court ruling and that the this appeal must be heard on an urgent basis.
“Cabinet reflected on the North Gauteng High Court judgment delivered by Justice Norman Davis. After obtaining legal advice and listening to numerous comments made by members of the legal fraternity in reaction to this judgment, we are of the view that another court might come to a different conclusion on the matter.”
Mthembu says the appeal would be led by Dlamini-Zuma who would be joined by President Cyril Ramaphosa and Health Minister Dr. Zweli Mkhize.