The High Court in Pretoria has ruled as "unconstitutional and invalid" alert levels four and five lockdown regulations imposed by the South African government in the fight against the coronavirus pandemic.
"The regulations promulgated by the Minister of Cooperative Governance and Traditional Affairs in terms of Section 27(2) of the Disaster Management Act 57 of 2002 be declared unconstitutional and invalid," read the ruling.
"Declaration of invalidity is suspended until such time as the minister, after consultation with the cabinet, reviews, amends and republishes the regulations mentioned above with due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights as contained in the constitution."
Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma has 14 days to review, amend and republish the changes to the regulations while current lockdown measures remain in operation.
Justice Davies spoke for the rights of "traders, fisheries, shore-foragers, construction workers, street vendors, waste pickers, hairdressers and the like who have lost their livelihood and the right to 'eke out a livelihood...'"
The South African government has been dragged to court including by the Fair-Trade Independent Tobacco Association, British American Tobacco South Africa and opposition party the Democratic Alliance.
