Western Cape businesses to challenge Garden Route beach closure in court
A small group of local businesses along the Garden Route in the Western Cape is taking government to court over the closure of beaches in the district.
This comes after President Cyril Ramaphosa’s decision to close some beaches during the festive season to manage the potential outbreak of Covid-19 infections.
All Eastern Cape beaches will be closed for the duration of the festive season while KwaZulu-Natal beaches will be closed on what are traditionally the busiest days of the season, including Christmas and New Year.
In the Western Cape, only the Garden Route beaches will be closed for the period.
But some businesses want the Gauteng High Court in Pretoria to declare this regulation as unconstitutional, irrational, and invalid.
“Our application rests on two legs, firstly we go into the rationality of the decision by the Minister of Cooperative Governance and Traditional Affairs to exclusively target beaches for more stringent measures and more harsh lockdown measures. We go into some detail why outdoor spaces, such as beaches, aren’t really susceptible to high levels of Covid-19 transmissions,” says lawyer Daniël Eloff.
He adds the festive season is important for the survival of these businesses.
Eloff believes this will cripple the local economy.
“Then secondly we go into the really adverse economic consequences of the decision by the minister. This festive period is traditionally the time when most of the smaller companies and businesses in the Garden Route rely on about 25 to 33% of their annual income comes in this time.
“We’re concerned that this might be the final straw that breaks the camel’s back if the beaches remain closed as a central tourist attraction in that area,” Eloff adds.
The applicants include Great Rock Business Community Forum, a guesthouse owner in Mossel Bay and lobby group AfriForum.
The South African government will have to defend the new regulations in court on December 22.
Western Cape Premier Alan Winde also revealed on Tuesday that he also planned to challenge the regulations.
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