Invalid levels 4 & 3 lockdown regulations: Do fines still apply?
The Liberty Fighters Network and its leader Reyno de Beer took up the challenge on behalf of South Africans who complained that many of the regulations were inconsistent.
JOHANNESBURG - There are now questions around the validity of fines issued to South Africans for contravening the lockdown regulations following a Pretoria High Court ruling on Tuesday declaring those rules unconstitutional and invalid.
The Liberty Fighters Network (LFN) and its leader Reyno de Beer took up the challenge on behalf of South Africans who complained that many of the regulations were inconsistent.
The High Court ruled that the regulations under levels 4 and 3 of the national lockdown as set out by Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma encroached on rights protected by the Constitution.
Government now has 14 days to review, amend, and republish the lockdown regulations taking into account the Bill of Rights and South Africans’ constitutional rights.
The court suspended the ruling in the meantime, which meant the lockdown regulations under level 3 should still be adhered to, at least for now.
LISTEN: Liberty Fighters Network president Reyno De Beer and the DA’s John Steenhuisen react to the ruling
South Africans complained about some regulations, which were seen as unreasonable such as not allowing relatives to visit a gravely ill family member, but allowing 50 people to gather for funerals or visit a religious gathering.
De Beer said if government did not rectify these unconstitutional regulations, fines would be scrapped and charges against citizens who were arrested for contravening the rules would have to be dropped.
“The people who have been arrested will definitely have recourse to damages claims against the government. I’m sure that the government will be properly advised in that regard,” he said.
National police spokesperson Brigadier Vishnu Naidoo said they first had to study the judgment before responding.
Read the full judgment below:
For official information about COVID-19 from the Department of Health, please click here.