De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2020] ZAGPPHC 184; 2020 (11) BCLR 1349 (GP) (2 June 2020)

De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2020] ZAGPPHC 184; 2020 (11) BCLR 1349 (GP) (2 June 2020)

The court found that the declaration of a national state of disaster in response to COVID-19 was rational and lawful. However, a substantial number of the regulations promulgated under section 27(2) of the Disaster Management Act were not rationally connected to their stated objectives of slowing the rate of infection or limiting the spread of the virus. The Minister failed to demonstrate that the limitations imposed by these regulations on constitutional rights were justified under section 36 of the Constitution. The court held that the enforcement of such regulations, without a proper evaluative exercise of their impact on constitutional rights, was arbitrary and unlawful. The...

Citation
[2020] ZAGPPHC 184
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
2 June 2020
Case Number
21542/2020
Procedural Posture
Urgent Application / Final Judgment
Outcome
The regulations promulgated by the Minister under section 27(2) of the Disaster Management Act were declared unconstitutional and invalid, with the declaration of invalidity suspended pending review and amendment. The Minister was ordered to pay the costs of the first and second applicants. The legality of the...
Judges
N Davis
Legal Topics
Disaster Management Act, Rationality Review, Bill of Rights Limitation, Lockdown Regulations, Separation of Powers
Constitutional Law Administrative Law Disaster Management Act Rationality Review Bill of Rights Limitation Lockdown Regulations Separation of Powers

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 / Final Judgment

Legal Issues

  1. 1 Whether the declaration of a national state of disaster in response to COVID-19 was rational and lawful.
  2. 2 Whether the regulations promulgated under section 27(2) of the Disaster Management Act are rationally connected to their stated objectives.
  3. 3 Whether the regulations unjustifiably limit constitutional rights under section 36 of the Constitution.

Ratio Decidendi

The court found that the declaration of a national state of disaster in response to COVID-19 was rational and lawful. However, a substantial number of the regulations promulgated under section 27(2) of the Disaster Management Act were not rationally connected to their stated objectives of slowing the rate of infection or limiting the spread of the virus. The Minister failed to demonstrate that the limitations imposed by these regulations on constitutional rights were justified under section 36 of the Constitution. The court held that the enforcement of such regulations, without a proper evaluative exercise of their impact on constitutional rights, was arbitrary and unlawful. The...

Court Disposition

The regulations promulgated by the Minister under section 27(2) of the Disaster Management Act were declared unconstitutional and invalid, with the declaration of invalidity suspended pending review and amendment. The Minister was ordered to pay the costs of the first and second applicants. The legality of the...

Orders

  • The regulations promulgated by the Minister in terms of section 27(2) of the Disaster Management Act 57 of 2002 are declared unconstitutional and invalid.
  • The declaration of invalidity is suspended until the Minister, after consultation with relevant cabinet ministers, reviews, amends, and republishes the regulations (except for regulations 36, 38, 39(2)(d) and (e), and 41 of the Alert Level 3 regulations) with due consideration to the limitation each regulation has...