ConCourt dismisses application to declare lockdown unconstitutional
The Constitutional Court has refused to hear an urgent application to declare South Africa’s national lockdown unconstitutional.
The civil society group, Hola Bon Renaissance (HBR) Foundation, wanted to approach the apex court after President Cyril Ramaphosa ordered a 21-day lockdown to help limit the spread of coronavirus.
The lockdown took effect last week and has effectively shut down the country and its economy for the next three weeks.
HBR chairperson Bontshitswe Mothopeng says they are disappointed in Monday’s outcome.
“The ConCourt has indicated that it would not give us direct access to the court, as a matter of urgency,” says Mothopeng.
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The man is alleged to have been among several community members at a tavern when police approached to disperse the gathering. A scuffle broke out and members of the Ekurhuleni metro police department fired rubber bullets. The 41-year old fled to his home but the metro police officers followed him.
The organisation believes the lockdown infringes on people’s freedom of movement.
He adds that restricting people’s movement would not be effective in curbing the spread of the virus.
“The issue of people must be in the house, if we talk about Soweto or townships where six people or eight people are staying in one house, if one person is infected they are all going to be infected, they are going to be rotating the infection.
“The 21 days, when it lapses, we will be having pockets and pockets of people who are going to be infected because we will be infecting each other for a period of 21 days. After 21 days what we will see a situation where a killer rise of any disease, if it is corona, if it is TB, whatever it is – that will be weapon of mass destruction of our own,” Mothopeng adds.
Mothopeng says the organisation has plans to challenge the apex court’s ruling.
“On our side we are trying to seek legal advise in terms of leave to appeal.
“We will try and make some few calls to see if we can get some legal advise. If not, we will continue to soldier on and hopefully that the Constitutional Court will just give us an ear.”
The number of confirmed Covid-19 cases has increased to 1280, with Gauteng remaining the epicenter of the outbreak with 584 cases.