De Beer and Another v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2021] ZAGPPHC 549 (19 February 2021)

De Beer and Another v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2021] ZAGPPHC 549 (19 February 2021)

The court held that the contempt relief was not urgent and struck it from the roll, finding the time afforded to the Minister to respond was unjustifiably short. The extension of the National State of Disaster and related regulations were found to be rational and constitutionally valid, consistent with prior judgments and the evolving nature of the pandemic. The applicants' challenges to mask mandates and closure of places of worship were rejected, as the measures were justified by scientific evidence and international guidance, and the right to choose not to wear a mask could not override the rights of others to health and safety. The relief sought to bar future regulations and to...

Citation
[2021] ZAGPPHC 549
Parties
Applicant: Reyno Dawid De Beer; Applicant: Liberty Fighters Network; Amicus Curiae: Hola Bon Renaissance Foundation; Respondent: Minister of Cooperative Governance and Traditional Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 February 2021
Case Number
21542/2020
Procedural Posture
Urgent Application / Judgment on Urgent Application for Declaratory and Contempt Relief
Outcome
Application dismissed; contempt relief struck from the urgent roll; all other relief refused; no order as to costs.
Judges
N Davis
Legal Topics
Disaster Management Act, Bill of Rights Limitation, Rationality Review, Proportionality Test, Contempt of Court, Mask Mandate
Constitutional Law Administrative Law Civil Procedure Disaster Management Act Bill of Rights Limitation Rationality Review Proportionality Test Contempt of Court +1 more

Case Brief

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Parties

Reyno Dawid De Beer

Applicant

Liberty Fighters Network

Applicant

Hola Bon Renaissance Foundation

Amicus Curiae

Minister of Cooperative Governance and Traditional Affairs

Respondent

Procedural Posture

Urgent Application / Judgment on Urgent Application for Declaratory and Contempt Relief

Legal Issues

  1. 1 Whether the Minister is in contempt of court for non-compliance with a previous order regarding COVID-19 regulations.
  2. 2 Whether the extension of the National State of Disaster and related regulations are unconstitutional and invalid.
  3. 3 Whether the compulsory wearing of masks and closure of places of worship are unconstitutional.

Ratio Decidendi

The court held that the contempt relief was not urgent and struck it from the roll, finding the time afforded to the Minister to respond was unjustifiably short. The extension of the National State of Disaster and related regulations were found to be rational and constitutionally valid, consistent with prior judgments and the evolving nature of the pandemic. The applicants' challenges to mask mandates and closure of places of worship were rejected, as the measures were justified by scientific evidence and international guidance, and the right to choose not to wear a mask could not override the rights of others to health and safety. The relief sought to bar future regulations and to...

Court Disposition

Application dismissed; contempt relief struck from the urgent roll; all other relief refused; no order as to costs.

Orders

  • The claims for the relief sought in prayers 2-4 of the Notice of Motion (the contempt relief) are struck from the urgent roll.
  • The remainder of the relief claimed in other prayers are refused.