The High Court of South Africa sitting in Pretoria found Tuesday June 2, 2020 that the Level 3 and 4 regulations promulgated to control the spread of Covid-19 pandemic are unconstitutional and invalid.

The contentious “Covid-19 regulations” matter was brought before the court as an urgent application last week by Reyno Dawid De Beer (1st applicant) Liberty Fighters Network (2nd applicant) and Hola Bon Renaissance Foundation (Amicus Curiea) against the Minister of Coorporate Governance and Traditional Affairs, Nkosazana Dlamini-Zuma.

As Judge J. Davis wrote on his concluding remarks (9.2) of the verdict:

“The regulations promulgated in respect of Alert Levels 4 and 3 in terms of Section 27(2) of the Disaster Management Act by the Minister substantial number if instances are not rationally connected t the objectives of slowing the rate of infection or limiting the spread thereof.”

As a result, the court directed government to review some aspects of the regulations within a 14-day period. In the mean time, Level 3 and 4 regulations still apply as they originally were from the onset.

This judgment has fragmented the legal fraternity into different views. Some have lamented its lack of legal rigour in its wording. While others have welcomed its specific findings regardless. More generaly, there are mixed reactions towards the verdict. The level 3 and 4 regulations too, have drawn negative sentiments upon their adoption by the government. Others venturing blantly to the extent that they no longer make sense.

Dr. Zweli Mkhize, the Minister of Health, speaking to Bongani Bingwa on Talk Radio 702 on Wednesday June 3 said:

We’re dealing with a new situation (the coronavirus epidemic). The High Court judgment is being studied. The might been mistakes. We draw our conclusions from the best practices in the world and this will be explain to the judge.

In its finalization of the judgement, the High Court ordered the Minister to pay costs of the applicants as well.