I wanted to sue the SA government for the lockdown – Magda Wierzycka

Hanno Labuschagne

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I wanted to sue the SA government for the lockdown – Magda Wierzycka

When President Cyril Ramaphosa announced a nationwide 21-day lockdown in March, many South Africans rejoiced and congratulated him for taking decisive leadership to fight the pandemic.

Sygnia CEO Magda Wierzycka was not one of them. In fact, she was so angry that she decided to sue the government for this decision.

Speaking in a Brenthurst Wealth Management seminar, Wierzycka said South Africa was already in economic trouble before the lockdown started.
 

Fulcrum29

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I believe I am privileged to have been acquainted with the best legal heads in this country, some already retired. I read the article,

“The very next day I phoned Wim Trengove, the best constitutional lawyer in South Africa, and I said ‘I am suing. I want to sue them’,” Wierzycka said.

...

Trengove, however, told Wierzycka she going to waste her money because the government is going to put dead bodies on the table.

Using a very complex macro-economic argument that showed a lockdown is not the right strategy for South Africa was bound to fail, he said.

Trengove told Wierzycka she was set to lose, which led her to drop the planned legal case against the government.

what is the 'best' constitutional lawyer in this country trying to say or convey to be apt?
 

Fulcrum29

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Also also, no inverted commas. So Hanno wanted to sue, he just tagged Magda

It is most probable that when she decided to sue that Trengove advised against it, hence she wanted to sue. Trengove is highly respected, and very much versed in our Constitutional law as he had a hand in it.

As I have said in the lockdown threads, I don't believe the ConCourt (and other courts) are aligned with the true public interest. There is Realpolitik (on a social level) going on in our country, and the legal system is entangled therein. To know that Trengove advised against Wierzycka’s decision I would like to know and understand, the reason why?

We had political parties calling on donations, we had civil rights bodies calling on donations, and only one really has achieved interim success, and this was also a legal decision which was scrutinised and reviewed.

I don't know what more Wierzycka could have added to this political dilemma, however,

To fix the situation, Wierzycka said people should take to the streets like during the state capture years.

Business should also start to speak out. “Business is silent. Despite everything that is happening, business is not talking,” she said.

“Right now, we should have a group of 20 of the most influential business leaders in South Africa forcing their way into governments and putting demands on the table,” she said. “Not negotiating. Demands”.

she wants businesses to picket, but she should know, businesses are keener to abide by policy to be enabled with economic participation than to question the ideological notions, moral and ethical premises.
 

My_King

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It is most probable that when she decided to sue that Trengove advised against it, hence she wanted to sue. Trengove is highly respected, and very much versed in our Constitutional law as he had a hand in it.

As I have said in the lockdown threads, I don't believe the ConCourt (and other courts) are aligned with the true public interest. There is Realpolitik (on a social level) going on in our country, and the legal system is entangled therein. To know that Trengove advised against Wierzycka’s decision I would like to know and understand, the reason why?

We had political parties calling on donations, we had civil rights bodies calling on donations, and only one really has achieved interim success, and this was also a legal decision which was scrutinised and reviewed.

I don't know what more Wierzycka could have added to this political dilemma, however,



she wants businesses to picket, but she should know, businesses are keener to abide by policy to be enabled with economic participation than to question the ideological notions, moral and ethical premises.

Yes yes...tldr - My comment had no mention to the article.

I was referencing Hanno. Maybe I should have mentioned him.

Nevermind, MightyQuin got the joke
 

TelkomUseless

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I believe I am privileged to have been acquainted with the best legal heads in this country, some already retired. I read the article,



what is the 'best' constitutional lawyer in this country trying to say or convey to be apt?

So.. she wanted to sue. Lawyer told her fly a kite. And she dropped it.

Now she is telling everyone her story... seriously? She sounds like she is full of herself ...
 

Fulcrum29

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So.. she wanted to sue. Lawyer told her fly a kite. And she dropped it.

Now she is telling everyone her story... seriously? She sounds like she is full of herself ...

I do have an issue. Trengove is amongst the best, but he isn’t the best, and the ‘best’ case, or argument, should have been the best remedy, but it was advised against, meaning that the only alternative was to accept the directions. Uhm… The best lawyer would have made his best argument, unless ‘time, money and energy' was the concern.

Directions under a national command council where cooperation have broken down between state organs shouldn't be acceptable, constitutionally. I am no legal person, but damn, our 'public interest' seems to take precedence in every argument. Does the ordinary person even have a voice?

All in all, there wasn’t determination to sue the state. My best guess is that Trengove advised to observe the other cases in motion.
 

sandwitch

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News must've been slow today. Why would anyone bother to mention something that didn't happen, after the fact?

An article like this would've been better suited for during lockdown. Post lockdown it comes off as one of those family stories you make your family suffer over during birthday teas. "When this happened I was going to..," "I should have...".
 

Splinter

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Hey, I think she is bright enough to understand the fallout this would cause. And I respect her for saying such. People attacking her, for not spending huge money at the time, based on solid legal advice, are a bit odd.

I look forward to the attempted flaming.
 

chrisc

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While the idea of suing the SA Govt for the lockdown rules is extreme, it must make you realise that the decision (for lockdown) was made in haste and did not take all information into account

On the other hand, were the various officials who made this decision competent and did they have sufficient scientific expertise to make it? The tobacco ban decision says otherwise
 

Napalm2880

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On the other hand, were the various officials who made this decision competent and did they have sufficient scientific expertise to make it? The tobacco ban decision says otherwise

Don't forget the e-commerce ban and the ban on woolies chicken and garage pies. Jisses, it seems like a bad nightmare looking back :X3:
 

Splinter

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She was a well known supporter of Cyril and almost certainly bankrolled his campaign...something go a bit sour?

While I think it would have been good, commercial, sense from her, any proof of this? And no umbrage or anything, but do you have a problem with this if true?
 
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