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Govt: Lockdown Regulations Challenge Must Be Tested In Higher Court

Judgment has been reserved in the government’s application for leave to appeal a ruling of the Pretoria High Court that found that lockdown regulations under level four were irrational and invalid.

Judge Norman Davis told parties in the matter that he understood the urgency of the decision and would send them the ruling electronically soon.

Government has argued that the matter has compelling reasons of public interest and should be tested in a higher court.

Reyno Dawid de Beer and Liberty Fighters Network successfully challenged the regulations as set by Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma and the National COVID-19 Command Council, saying that the executive did not consider people’s rights when promulgating them.

Advocate Wim Trengove, who appeared for the government, said that the Supreme Court of Appeal must test the conclusion of the High Court.

Meanwhile, De Beer and the Liberty Fighters Network continued on their line of defence, saying that the court must lean towards the interest of justice.

They further stated that Minister Dlamini-Zuma failed to consult or review the regulations in the 14 days as the court mandated.

Their submission is despite the country having been downgraded to alert level three.