Kouga Local Municipality v Minister of Co-operative Governance and Traditional Affairs (66506/2020; 66191/2020; 66683/2020)
Kouga Local Municipality v Minister of Co-operative Governance and Traditional Affairs (66506/2020; 66191/2020; 66683/2020) [2020] ZAGPPHC 773 (23 December 2020)
The court held that the closure of beaches in hotspot areas was a rational and lawful exercise of executive power under the Disaster Management Act, aimed at curbing the spread of COVID-19 during the peak holiday season. The decision was based on expert medical advice and recommendations from provincial premiers, and the government acted within its constitutional duty to protect public health. The applicants failed to demonstrate that the regulations were irrational or that less restrictive means were feasible. The infringement of rights was found to be justifiable under Section 36 of the Con…
Source excerpt
- Legality Of Executive Action
- Disaster Management Regulations
- Bill Of Rights Limitation
- Rationality Review