Lockdown regulations declared invalid and unconstitutional by high court

Gordon_R

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Mostly wishful thinking from a legal point of view IMO:
If it were true, there would be uproar:
LFN said that surprisingly, Davis also excluded Regulation 48(2) from the appeal, which states that the violation of certain regulations were offences for which people faced fines.

"Yes, we believe that although the sale of tobacco is still technically prohibited in terms of Regulation 45, the court has brilliantly now also ordered that the sale of tobacco does not carry criminal prosecution...The police and other law enforcers may legally not enforce the unlawful sale of tobacco anymore," the group said.
 

garp

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Mostly wishful thinking from a legal point of view IMO:
If it were true, there would be uproar:
I tend to agree with your evaluation, however, it would be nice to have a relevant legal expert weigh in on this as there seem to be some rather subtle nuances to this ruling and it is unclear for any lay person who doesn't have practical experience with these kinds of judgements to determine the veracity of LFN's assertions and how they would play out in practical application.
 

garp

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The Concourt has dismissed another case:
It's worth pointing out that what was dismissed was the application to go directly to the Concourt instead of via the lower courts, and not that the HSF's or DA's actual cases were dismissed. The media headlines tend to make it sound like the latter is true.
 

Gordon_R

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It's worth pointing out that what was dismissed was the application to go directly to the Concourt instead of via the lower courts, and not that the HSF's or DA's actual cases were dismissed. The media headlines tend to make it sound like the latter is true.
True, but we all know that going through the lower courts takes years, and will be endlessly appealed and delayed, and will thus have zero effect until long after the lockdown has been lifted...
 

/dev/null

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It's actually good that they are refusing these direct access application because it's very dangerous for the ConCourt to be the first and last court to hear a matter. That's because if they make a mistake, it will almost be a permanent mistake as the ConCourt doesn't like to change its earlier decisions even when they are wrong.
 

surface

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It's actually good that they are refusing these direct access application because it's very dangerous for the ConCourt to be the first and last court to hear a matter. That's because if they make a mistake, it will almost be a permanent mistake as the ConCourt doesn't like to change its earlier decisions even when they are wrong.
Good point about first & last. Do you have any examples for the bold part above?
 

surface

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/dev/null

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Good point about first & last. Do you have any examples for the bold part above?

It discusses the ConCourts reluctance to overrule itself. One of the judgements discussed in the journal is the one below, it's an SCA judgment in which the SCA was evaluating whether ConCourt decisions are binding on it if those decisions are wrong.

 

John Tempus

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A judge that uses such terminology is probably no more than a cadre hire. Who the fk uses "prayer" in their conclusion.

"Mlambo explained that certain prayers submitted by the party could not be attended to without a record of the proceedings which lead to certain decisions. "

More importantly : Appointed by‎: ‎President‎ ‎Jacob Zuma

Just imagine what level of stupidity someone must have to be the primary choice for someone as simple minded as Jacob Zuma so what do we really expect from this judge.

Im starting to see that our court system is just a different kind of Zoomster recruitment, these judges definitely didn't pass any qualified bar exam.
 
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TEXTILE GUY

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In any normal functioning government, there should be an independent judiciary, the parliament or legislature and the executive. Each has a unique function.

In SA, it seems we have the executive who controls everything else .... :(
 

Nanfeishen

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In any normal functioning government, there should be an independent judiciary, the parliament or legislature and the executive. Each has a unique function.

In SA, it seems we have the executive who controls everything else .... :(
This is SA after all , they are all bought and payed for.
If they werent , the courts would have ruled the lockdown , or at least denounced it as being unlawful and unconstitutional from the very beginning.
 

Fulcrum29

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Some ordinary people are really embracing the lockdown and the enacted NCC.

I am in the opinion that parliament and the cabinet must be restored. Cabinet members need to be accountable to parliament and this is the part I am struggling to understand with the courts. Most what is happening within the NCC seems to be deemed as reasonable, and the courts don't like to argue otherwise and do give the NCC leniency in regard to corrective measures, but then everything seems to be rebooted with a new approach with slight variation to that which was under scrutiny. Rinse and repeat.

There has been little to no success against the NCC, and the courts in my view are happy to imply that all is honky dory. It does give a China vibe.
 

Chris_the_Brit

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A judge that uses such terminology is probably no more than a cadre hire. Who the fk uses "prayer" in their conclusion.

"Mlambo explained that certain prayers submitted by the party could not be attended to without a record of the proceedings which lead to certain decisions. "

More importantly : Appointed by‎: ‎President‎ ‎Jacob Zuma

Just imagine what level of stupidity someone must be to be the primary choice for someone as simple minded as Jacob Zuma so what do we really expect from this judge.

Im starting to see that our court system is just a different kind of Zoomster recruitment, these judges definitely didn't pass any qualified bar exam.
He was part of the team of judges that ruled in favour of the government regarding FITA...thankfully BAT has filed its application in the Western Cape High Court which might be more favourable to the litigants (excluding Hlophe of course).
 

/dev/null

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This is SA after all , they are all bought and payed for.
If they werent , the courts would have ruled the lockdown , or at least denounced it as being unlawful and unconstitutional from the very beginning.
Well, this thread is about a court that declared lockdown regulations invalid and unconstitutional.
 

John Tempus

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He was part of the team of judges that ruled in favour of the government regarding FITA...thankfully BAT has filed its application in the Western Cape High Court which might be more favourable to the litigants (excluding Hlophe of course).
Meanwhile the ANC is pushing for smoking to be entirely illegal in all public spaces, rest assured once they succeed with this they will push for it to be a schedule 1 drug. Each additional level of banning will 10x the price on the black market no different to other schedule 1 drugs.

It is time we get someone to push to outlaw the use of head wraps so that Zoomster can get hit with what apparently is her favorite thing in the world.

Once they get their way with cigarettes, pushing it entirely into the black market then they will focus all their energy on alcohol ie. Cele is already backing steps to get alcohol banned again citing apparent made up numbers that is only due to alcohol usage based on his METHEMETICS.
 
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