The High Court in Pretoria's declared certain regulations under lockdown alert Levels 3 and 4 invalid and unconstitutional. Constitutional law expert, Pierre de Vos commented on the judgement. Courtesy of #DStv403
* Editor's note: Catch an eNCA panel discussion on this judgment on Today with Dan Moyane on DStv Channel 403 at 10am.
PRETORIA - The High Court in Pretoria has declared certain regulations under lockdown alert Levels 3 and 4 invalid and unconstitutional.
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"The court agreed with us that most of the decisions that were made were irrational and the minister was given two weeks chance to rectify everything and report back to the court," Ryno De Beer explained.
"Among others, the court made mention of the irrational decision where it's not legal to visit your grandfather on his deathbed but when he passes away, then 50 people may go to his funeral."
Constitutional law expert Pierre de Vos said the judgment made some good points about the way the regulations were framed.
He said the declaration that almost all the regulations were invalid was a broad and sweeping judgment that is "not really justified" by the law.
"To declare something invalid you have to look at that specific regulation and ask whether it's rationally related to the purpose of suppressing the spread of the virus and then make a decision on it," De Vos said.
"The judge just used a few examples and then declared almost all the regulations invalid. That is not really something that will stand up on appeal if the judgment is appealed."
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