The South African government is opposing an appeal by eight concerned residents who claim the Disaster Management Regulations go against the constitution.
The group of eight, including Dwayne Esau, Neo Mkwane, Thami Jackson, Lindo Khuzwayo, Mikhail Manuel, Riaan Salie, Scott Roberts and Mpiyakhe Dlamini, submitted papers to the Supreme Court of Appeal (SCA) saying that the regulations violate the rights to dignity, family life, freedom of movement and freedom of trade occupation, among other rights.
The appeal is directed against the Minister of Co-Operative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma, President Cyril Ramaphosa and the Minister of Trade, Industry and Competition, Ebrahim Patel.
The court roll explains that the appeal will focus on:
– Whether the regulations comply with Parliament’s constraints on the COGTA Minister’s regulation-making 2 powers in terms of ss 26 and 27 of the Act or whether it breached the doctrine of the separation of powers
– Was the Minister’s making of the regulations procedurally rational
– Did regulations 16(1)-(4), 28(1), 28(3) and 28(4) (alleged impugned regulations) of the regulations infringe the rights to dignity, family life, freedom of movement and freedom of trade, occupation and profession, and if so, whether it was saved under the s 36 limitation in the enquiry under the Constitution
– Were the Minister’s clothing directions constitutional
One appellant is calling on the SCA to invalidate the cabinet’s policy decision to impose a national lockdown, as it was made by the National Coronavirus Command Council (NCCC).
In court papers filed in the SCA, government argues that the regulations are constitutionally compliant and procedurally rational. They further argue that the NCCC was legally formed by the president and cabinet, and thus any policy determinations made by the NCCC would be an extension of cabinet functions, reports the SABC.
The appeal will be heard on Monday morning [November 2].
Picture: Twitter / Nkosazana Dlamini Zuma