- Flynote
-
Disaster Management Act 57 of 2002 (DMA) – decisions and regulations
made during state of national disaster under the DMA – policy decisions of the National
Coronavirus Command Council, a cabinet committee comprising of the entire cabinet,
not justiciable because they had no legal effect – regulations made in terms of the
DMA (the level 4 regulations) made in a procedurally fair manner, alternatively in a
rational decision-making process – Minister of Co-operative Governance and
Traditional Affairs applied her mind to representations received from members of the
public – with two exceptions, the level 4 regulations found to be reasonable and
justifiable limitations of fundamental rights – reg 16(2)(f), which permitted only limited
forms of exercise during the level 4 lockdown, and items 1 and 2 of Part E of Table 1,
read with reg 28(3), which prohibited the over-the-counter sale of hot food, declared
to be invalid to the extent of their conflict with the Constitution – challenge to directions
made by the Minister of Trade, Industry and Competition moot.
This document is 431.0 KB. Do you want to load it?
Cited documents 48
Judgment 45
Legislation 3
1. | Promotion of Administrative Justice Act, 2000 | 2107 citations |
2. | Disaster Management Act, 2002 | 1216 citations |
3. | Unemployment Insurance Act, 2001 | 183 citations |