Lockdown regulations declared invalid and unconstitutional by high court

newby_investor

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Aug 8, 2018
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For the love of all that is holy, will everyone please stop thinking that prayer in this instance is religious. Do a tiny bit of research before commenting on things you are not familiar with and making yourselves look like idiots.

Woah, careful there, you'll have more people jumping on you for using religious metaphors! ;-)
 

garp

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Aug 2, 2004
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By my count, the crook in the doek has either 4 or 5 working days (depending on if you count last Tuesday) to amend some of the lockdown regulations relating to beaches, public parks, exercise etc. So early next week then.
I think it could be more encompassing than that as the leave to appeal introduced a subtlety in that she was granted leave to appeal the blanket invalidation of everything else not specifically mentioned in the original judgment, which might imply that if she does not amend the specific regulations and also does not lodge an appeal against the blanket invalidation, then the blanket invalidation also stands.
 

ToxicBunny

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Its a good article, and yeah it covers it largely pretty well.

We can hope that Her Doekiness doesn't do squat with those specific regulations so that they then fall away.. and I can go stroll on the beach without getting arrested :p
 

IceyPieQ

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Jan 28, 2019
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172
Its a good article, and yeah it covers it largely pretty well.

We can hope that Her Doekiness doesn't do squat with those specific regulations so that they then fall away.. and I can go stroll on the beach without getting arrested :p
This is the same hope I have. I took my little boy down to the beach the other day, the cops pitched up (we were all keeping away from each other, no sit-downs, just walking, with masks) Cops just looked at us a bit, got in their van and left.
 

Swa

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May 4, 2012
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Its a good article, and yeah it covers it largely pretty well.

We can hope that Her Doekiness doesn't do squat with those specific regulations so that they then fall away.. and I can go stroll on the beach without getting arrested :p
Just take a fishing rod
 

Gordon_R

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Jul 5, 2009
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Interesting new legal points:
In court papers filed with the SCA, the pair argued that the declaration of the national state of disaster was unlawful because it used to the Disaster Management Act to do so.

"We say so because the International Health Regulations Act… [IHRA] could have adequately provided for dealing with Covid-19 under which the President could have enacted proper regulations which would have been overseen by Parliament and the [National Council of Provinces] NCOP," they said.

They added that the IHRA catered for "any disease" with a focus on the "full respect for the dignity, human rights and fundamental freedoms of persons".

This was something the Disaster Management Act lacked, they reasoned.
References: https://en.wikipedia.org/wiki/International_Health_Regulations and https://www.gov.za/documents/international-health-regulations-act-15-mar-1974-0000
 
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