Mohamed and Others v President of the Republic of South Africa and Others (21402/20) [2020] ZAGPPHC 120; [2020] 2 All SA 844 (GP); 2020 (7) BCLR 865 (GP); 2020 (5) SA 553 (GP) (30 April 2020)

Mohamed and Others v President of the Republic of South Africa and Others (21402/20) [2020] ZAGPPHC 120; [2020] 2 All SA 844 (GP); 2020 (7) BCLR 865 (GP); 2020 (5) SA 553 (GP) (30 April 2020)

The court held that the lockdown regulations, though imposing severe limitations on constitutional rights including freedom of religion, movement, and association, are reasonable and justifiable under section 36 of the Constitution in the context of the COVID-19 pandemic. The regulations are time-bound, based on...

Source-derived case information.

Citation
[2020] ZAGPPHC 120
Parties
Applicant: Muhammed Bin Hassim Mohamed; Applicant: Anas Mohammed Chothia; Applicant: As Saadiqeen Islamic Centre; Respondent: President of the Republic of South Africa; Respondent: Minister of Co-operative Governance and Traditional Affairs; Respondent: Minister of Health; Respondent: United Ulama Council of South Africa; Respondent: Women's Cultural Group
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 April 2020
Case Number
21402/20
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application dismissed.
Judges
Neukircher
Legal Topics
Bill of Rights Limitation, Freedom of Religion, Disaster Management Act, Lockdown Regulations, Proportionality Analysis
Constitutional Law Civil Procedure Bill of Rights Limitation Freedom of Religion Disaster Management Act Lockdown Regulations Proportionality Analysis

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Summary, issues, holding and outcome

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Parties

Muhammed Bin Hassim Mohamed

Applicant

Anas Mohammed Chothia

Applicant

As Saadiqeen Islamic Centre

Applicant

President of the Republic of South Africa

Respondent

Minister of Co-operative Governance and Traditional Affairs

Respondent

Minister of Health

Respondent

United Ulama Council of South Africa

Respondent

Women's Cultural Group

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the lockdown regulations prohibiting movement to places of worship and congregational prayer are unconstitutional and invalid.
  2. 2 Whether the refusal to craft an exemption for religious gatherings is reasonable and justifiable under section 36 of the Constitution.
  3. 3 Whether the limitation of rights to freedom of religion, movement, and association is proportionate in the context of the COVID-19 pandemic.

Ratio Decidendi

The court held that the lockdown regulations, though imposing severe limitations on constitutional rights including freedom of religion, movement, and association, are reasonable and justifiable under section 36 of the Constitution in the context of the COVID-19 pandemic. The regulations are time-bound, based on expert advice, and designed to protect life, dignity, and access to healthcare by limiting social contact and preventing the healthcare system from being overwhelmed. The applicants' request for exemptions for religious gatherings would pose significant risks to public health, be impossible to police, and undermine the collective effort required to combat the pandemic. The court...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.