LFN Judgment Expected This Friday; Government Activity Picking Up

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The Pretoria High Court has informed Liberty Fighters Network (LFN) and the Minister of Cooperative Governance and Traditional Affairs, Dr. Zuma, that the long awaited judgments in their two applications before this Court will be handed down this Friday, 23 October 2020.

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One does not need to be a rocket scientist to see the rather timely connection to Health Minister Mkhize’s call for an urgent Cabinet meeting last week, to beg from his colleagues a courteous go-ahead. His urgent quest concerned the attempt to dust-off the previously repealed Regulations Relating to the Surveillance and the Control of Notifiable Medical Conditions. LFN noted at the point of the initial perusal of the draft paper, that Dr Mkhize’s amendments seem, to a frightening extent, to be in alignment with the much contested DMA Regulations, at least as far as Mkhize’s attempts to curtail or nullify basic human rights are concerned.

The DMA Regulations may become null and void soon, partly or in full; pending Friday’s judgments. Hence, the contents of the widely circulated draft ostensibly stemming from the Minister’s office are, in fact, not new at all but the old DMA Regulations hat; full of actual and potential future restrictions to almost all basic human rights, often bolstered by unverified claims. Last week, this hat seems to have been taken from the CoGTA hook and put elsewhere, on the Health hook, for now. Perhaps just in case it may be required there, pending Friday’s judgments? We do not know for sure. LFN does assure, however, that there it will not remain, at least not in its current shape or form. Reason: Last week already, LFN engaged with the Health Minister in questioning both, legality and rationality, of the anticipated enactment of the drafted Amendments.

As an aside: LFN always advocated that the by now infamous DMA Regulations were of no effect as early as of June 24, something for which the association’s President, De Beer, had childishly been ridiculed by much of the Mainstream media; not to forget some self-proclaimed “fact checkers”. Which, by the way, are responsible to nobody but their financiers, it would seem. Someone might want to check that. Even if our view regarding the early end of the lockdown should not prevail as per Friday’s judgment, LFN would like to suggest that there is a tiny bit more to this specific and rather important argument than pretenders just making stuff up as they go along. LFN welcomes any honest debate or query about any of the subjects contained in its matters pertaining to the DMA Regulations, be that the matter currently before the Supreme Court of Appeal or the matters argued before the High Court in Pretoria. Announcements in this context will follow.

LFN has argued that the Government should have utilised the readily available International Health Regulations Act 1974, as amended, instead of declaring a National State of Disaster much earlier this year. The current and somewhat sudden move away from CoGTA, over to Health, might well shift the Ministerial pastime of making the lives of ordinary South Africans as miserable as possible, and for no good reason, from one Ministry to another. And indeed, the draft regulations are already telling the South African populace that the Health Minister intends to proceed, and to possibly step up, the limitations and encroachments of basic human rights; his intention to continue to enforce a wearing of masks is but one example and, again, a factual reason to support this very intention, as for instance with undisputed, scientifically established facts is conspicuously absent. In fact, LFN notes with interest that the Health Minister thus far has failed to underpin any of his intended actions with any solid scientific basis. One would have thought that same should have been a tad easier for him than, say, the CoGTA Minister. Our assumption is reasoned in the fact that the Minister of Health heads, well, the Health Ministry. It is supposedly filled to the brim with people who should know these things.

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Regarding the – potentially – positive outcome on Friday, LFN’s President De Beer says that “nobody can look into the future. But regardless whether the judgments will be fully or partly in our favour, we are proud to have acted on behalf of our supporters and the People of South Africa in general.”

“Whatever the outcome may be, most importantly this judgment will tell all of us, as we are living in South Africa today, where we stand on the issues to be dealt with and how to move forward; be that the allegedly persisting health dangers to the public, be that in terms of another very damaging virus, namely the government corruption virus, or how to assist children and the elderly in particular during these testing times and most of all, how we can all continue to live our lives and rebuild was has been destroyed by these completely overboard lock-down measures; not only for ourselves but also in the interest of future generations of South Africans,” he adds.

Commenting on potentially imminent legal challenges, De Beer comments as follows: “If indeed we should meet the Health Minister in Court – and the chances at this point are quite good for that to happen – we are very much looking forward to it. Because he is the best person in the country who will be able to give us all the information we require. Real facts, not just the propaganda angles or copied stuff from the net. He knows. He must. Because he is our Minister of Health.”

Mr de Beer wishes to take this opportunity to thank all LFN supporters. In particular he expresses his gratitude on behalf of Liberty Fighters Network to those supporters in particular who have thus far contributed their time, expertise, input, opinion or money to the associations efforts to legally challenge the injustice done to the people of South Africa.

Thank you.

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Trengove ‘fears’ COVID-19; LFN now forced in Virtual Hearing

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In a dramatic turn of events the all-important Court hearing in which LFN will challenge the legality of the National State of Disaster will be held on Wednesday, 26 August 2020, at 10am. As per the direction of Justice Norman Davis of the High Court Gauteng Division Pretoria, the hearing will be held “virtually”. This implies that there will be no television broadcast, either.

In an earlier letter addressed to the Court the heavy-weight legal team of the CoGTA Minister, Dr. Nkosazana Dlamini-Zuma, headed by Adv. Wim Trengove SC and three other members of the bar, alleged that:

In our previous experience of a physical hearing in this matter [on 24 June 2020] there was no adherence to the necessary health protocols of physical distancing, wearing of masks and sanitising by many in the court room. This poses a risk to us, particularly those who are vulnerable to complications arising from a Covid-19 infection.

LFN does not deny the right of Dr Zuma’s legal team to be afraid of anything. In this case same appears to be no more than a little Red Herring, however. Not only did Mr Trengove during the very hearing make absolute zero attempts to alleviate the shortcomings which he (in unison with the rest of Dr Zuma’s team) now alleges, but he himself even confirmed to the Court to feel sufficiently safe before he delivered his verbal argument. (See SABC News, 24 June 2020, Government appeals court ruling on lockdown regulations, https://www.youtube.com/watch?v=VUMHvs7kbYw) .

It is of course a very serious matter should officers of the court found to be misrepresenting facts. LFN considers raising the point before another forum if and when appropriate.

As part of the government, Dr Zuma herself (and by implication her legal team), is fully aware of recent publications by NICD and others, according to which this year’s influenza – bar a single lonely case of infection in Gauteng – has been completely defeated; same allegedly owed to Dr Zuma’s health-protecting lock-down measures.

Both COVID-19 and Influenza are caused by rather similar-sized viruses, in exactly the same manner – via droplets being exhaled by human breathing into the protectively worn masks; it becomes apparent that the Lockdown measures appear to have very little, if any, effect on the Coronavirus (the purpose for which they were put into effect) while they are very successful in eliminating something else. Therefore, only one of the following can be correct:

1) Face masks are somehow able to detect whether a droplet contains a SARS-CoV2 virus (in which case there is a good possibility that any given mask will let such virus pass, in either direction) or if it contains an Influenza A or B virus – which it will not let through, without exception whatsoever. LFN would find this extraordinary, indeed.

2) Dr Zuma’s measures, masks in particular, offer no protection from anything and are enforced for reasons other than medical. Everybody is at the same risk, when following measures, as well when not following them. Whether this risk may be regarded as high or low will depend on a multitude of reasons, and in LFN’s experience very few of them are medical, biological or epidemiological in nature. Looking at facts: During May 2020 Pakistan’s Supreme Court declared the COVID-19 event a nullity and life there continued in normal fashion. Yet, reports of large amounts of unprotected Pakistanis dying in the streets of Islamabad due to an overwhelming onslaught of a pandemic are just not coming in.

In line with the latter, Dr Zuma’s so-called COVID-19 case numbers might be not much more than some gobbledeegook, scientifically speaking. LFN has raised this point on the basis of actual scientific work and shall continue to do so. Meanwhile, President De Beer confirms that he is ready to argue the case of both LFN and himself in person, following the withdrawal of the legal representatives of LFN, due to financial constraints.

LFN has managed to arrange moderate virtual facilities and will also now live stream the hearing directly to its public audience on Wednesday, 26 August 2020 from 10am, on both YouTube and Facebook. Channels on YouTube and Facebook will be announced prior to the event. Nationwide, about 110 restaurants and pubs represented by LFN during the latest Court case, will broadcast the event live.