Friday, 29 March, 2024
HomeMedico-LegalCivil society groups’ court clash against COVID rules set for July

Civil society groups’ court clash against COVID rules set for July

An application by civil society groups challenging proposed regulations for COVID-19 rules will be heard by the Gauteng High Court (Pretoria) in July.

AfriForum and DearSA are arguing that the draft regulations are “outside the intended scope of the legislation”. They want the court to declare them invalid and unconstitutional and to review and set them aside.

The proposed regulations were published in March and the public was given a month to comment. The deadline for public comment has since been extended to 5 July. The Department of Health is opposing the legal action.

The Citizen reports that the parties also raised concerns about the handling of the public participation process relating to commentary on the newly proposed amendments to the National Health Act.

A separate application has been lodged by NGO Sakeliga, which argues that Health Minister Joe Phaahla ignored the advice of his ministerial advice committee (MAC) and external legal opinions when he promulgated the health regulations.

A legal opinion drafted by Advocates Steven Budlender SC and Hasina Cassim for Phaahla also warned the government that some of the regulations would “probably be declared unlawful”. They recommended a removal of the entire section 16C of the regulations, but Phaala disregarded the recommendation, according to Sakeliga.

The MAC also recommended that the 50% limit on sports stadiums should be lifted. Sakeliga argues that the regulations were motivated by a desire to continue disaster management regulations and not by health considerations.

 

The Citizen article – Court dates set in AfriForum, DearSA’s case against government’s health regulations (Open access)

 

Rapport article – Minister steur hom nie aan Covid raad wys Sakelige (Restricted access)
See more from MedicalBrief archives:

 

AfriForum and DearSA in court to challenge COVID regulations

 

BLSA: Vigilance needed over State’s use of new COVID-19 powers

 

Legal resistance to proposed changes to State of Disaster stipulations

 

 

 

 

MedicalBrief — our free weekly e-newsletter

We'd appreciate as much information as possible, however only an email address is required.