Liberty Fighters Network (LFN) and its Reyno De Beer have requested the High Court Gauteng Division Pretoria in papers lodged yesterday, 22 July 2020 for an urgent order to immediately put the Court Order dated 2 June 2020 into operation pending the appeal before the Supreme Court of Appeal. Meaning that if they are successful the Lockdown Regulations, or a substantial part of it, will no longer be enforceable.
On 2 June 2020 Justice Norman Davis declared that all the regulations issued in terms of Section 27(2) of the Disaster Management Act by the Minister of Cooperative Governance and Traditional Affairs, Dr. Nkosazana Dlamini Zuma, are unconstitutional and invalid and gave the Minister 14 business days to have rectified the unconstitutionality and republish a new set of Regulations.
Instead of rectifying the Regulations, she filed an Application for Leave to Appeal against the judgment only 4 days after the granting of the order and subsequently on 30 June 2020 the Court allowed her the right to appeal the “blanket” declaration of invalidity due to the reason that it was in public interest, but excluded various important regulations which the Court believed were clearly not aligned to the Bill of Rights.
After the Minister has again fiddled with the Regulations on 12 July 2020 by having made it even worse than ever and Dlamini Zuma lodging an Application for Leave to Appeal to the Supreme Court of Appeal against those parts excluded from the appeal, LFN and De Beer decided that they had enough and lodged the urgent application requesting immediate operation based on their believe that the Minister is clearly playing for time and have no legitimate excuse for not relaxing the Regulations which had tortured most people since the Lockdown started.
This time they add, they will ask the Court to grant an order in which the Minister may be taken into custody and brought before the Court in case she does not comply to the Court Order, if granted.
This matter has provisionally been enrolled for hearing for next week Tuesday, 28 July 2020 but will most probably be moved to later the week pending directions from the judge concerned.
Here is the Urgent Section 18(3) Application for download: