Liberty Fighters Network (LFN) and Reyno De Beer will be arguing in the High Court today that they believe that since of this morning Wednesday, 24 June 2020, the Lockdown Regulations are unconstitutional and invalid and that effectively the Lockdown is legally over.
LFN and De Beer believe that as a result of incorrectly lodging an Application for Leave to Appeal hoping that it would have suspended the order of invalidity instead of requesting the Court for an extension to the 14 days provided by Justice Norman in the High Court Gauteng Division Pretoria on Tuesday, 2 June 2020, the Lockdown Regulations are legally not enforce anymore as the last day to have complied was yesterday Tuesday, 23 June 2020.
Yes, you have read correctly and this is no fake news… There are most probably no Lockdown Regulations in force anymore and the Government only can blames itself not realising that the Constitutional Court declared during 2015 in the matter of Cross-Border Road Transport Agency v Central African Road Services (Pty) Ltd and Another that the period of suspending regulations which have been declared as constitutionally invalid is regulated by the Constitution and not suspended pending an Application for Leave to Appeal as Madam Justice Nicholls (also from the High Court in Pretoria) ruled during earlier proceedings in that same case.
LFN and De Beer will be going to the High Court this morning to oppose the Application for Leave to Appeal lodged by the Minister of Cooperative Governance and Traditional Affairs, Dr. Nokosazana Dlamini Zuma to confirm the inevitable, according to them, that the Court in fact does not have any authority anymore to extent the period of 14 days and they will be arguing that the application has effectively become moot.
The Government has failed to make new Lockdown Regulations to replace the constitutional invalid Level 3 regulations which ceased at midnight on 23 June 2020, notwithstanding that it had ample opportunity to have done so.
This means that no person may be arrested or otherwise forced to adhere to the Lockdown Regulations anymore and due to the stubbornness of Government to arrogantly lodging an Application for Leave to Appeal believing that it would have suspended the declaration of invalidity is typically a situation where “slim het sy baas gevang” (the clever one has caught his boss), according to LFN and De Beer.
They say that unfortunately for smokers and gamblers, the order of invalidity excluded the ban on tobacco and opening of casinos or clubs. That order also still disallows initiations and residential evictions and therefore we must not be too excited that any relief is expected on those fields now. However they do believe that the FITA judgment will be made known any day and will add more light to the fate of the tobacco industry.
If the Court agrees with us today, this could be the best news South Africans had since 1994 and definitely a victory for all who had to endure the mass human rights violations of Government the past 3 months. It has become obvious that COVID-19 is here to stay with us and that the so called spread of the virus is so rampant that we have reached a stage to accept it as part of our lives and time to go back to normal.
Reyno De Beer
President: Liberty Fighters Network
Cell. 0781745878 / WhatsApp: 0727452869