Level 3 & 4 regulations declared invalid and unconstitutional

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Nkosasana Dlamini-Zuma, level 3 & 4 invalid and unconstitutional
Nkosasana Dlamini Zuma Image: TheSouthAfrica.com, level 3 & 4 invalid and unconstitutional

Pretoria High Court has declared the lockdown levels 3&4 regulations invalid and unconstitutional. The regulations were challenged by Reyno Dawid de Beer and Liberty Fighters Network, these regulations were set by Nkosazana Dlamini-Zuma who is the Minister of Cooperative Governance and Traditional Affairs.

It was found that, as reported and cited from EWN, the regulations ‘encroached on and limited their rights as contained in the Bill of Rights in the Constitution.’

The court confirmed and found the lockdown levels 3&4 regulations were not justifiable based on human dignity, equality, and freedom, all of which are found in Section 23 of the Constitution.

We are still required to adhere to current level 3 regulations, in the ruling, it was said that “Declaration of invalidity is suspended until such time as the minister, after consultation with the cabinet, reviews, amends and republishes the regulations mentioned above with due consideration to the limitation each regulation has on the rights guaranteed in the bill of rights as contained in the constitution,”

The declaration has been suspected for a period of 14 days to view, amend, and republish the regulations directed by the Minister of Cooperative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma.

“The court suspended the declaration of invalidity for a period of 14 days, which means the alert level 3 regulations remain in operation for now”.

The court directed Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini Zuma with the relevant ministers, to review, amend and republish the regulations.

 



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