The Minister of Cooperative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma, has asked the Court of Appeal for permission to appeal against a Supreme Court ruling declaring six of the government’s seclusion regulations irrational.
Judge Norman Davis gave the minister ten days earlier this month to amend some of the Level 3 regulations. Davis also gave Dlamini-Zuma leave to appeal against his ruling, which set aside the majority of current Level 3 regulations under the Disaster Management Act, as it is unconstitutional.
The Liberty Fighters Network and its president and founder, Reyno de Beer, have dragged Dlamini-Zuma to court over the regulations.
The judge ordered certain regulations that show a clear lack of rationality and constitutional compliance to be reviewed.
In her application for leave to appeal, Dlamini-Zuma claims that some regulations did not even exist when the court heard the case, News24 reports. These include the regulations on exercise, funerals, the closure of beaches and parks and the declaration that some violations of the Disaster Management Act are criminal offenses.
According to the website, Dlamini-Zuma claims that there is a fair prospect that the appellate court can find that the high court has committed an error. She states, inter alia, that the LFN did not launch a valid attack on the Constitution, that the court ruled on an issue that did not serve before it, that the court’s criterion by which it determined rationality was incorrect, that the overall declaration of invalidity was not justified and that the court order was unnecessarily vague.
Dlamini-Zuma claims in the court documents that the court ruled “inexplicably” on regulations that did not yet exist at the time and that the court order should only be set aside on this basis.
The minister asked the court to rule urgently on the issue and said the ruling gave the impression that there was a constitutional crisis. “This is undesirable, given the importance of complying with the regulations in light of the continuing threat posed by the Covid-19 pandemic.”
The Liberty Fighters Network did not immediately respond to inquiries.