South Africa: High court rules government lockdown restrictions unconstitutional

The high court in South Africa has ruled that some of the coronavirus lockdown restrictions imposed by the government are “unconstitutional and invalid”.

In particular Judge Norman Davies picked out the rules around funerals, informal workers and amounts of exercise as “irrational” and not related to slowing the rate of infection or limiting the spread of the virus. 

The government has been given 14 days to overhaul these restrictions. 

Judge Davies said that “Restricting the right to freedom of movement in order to limit contact with others to curtail the risks of spreading the virus is rational, but to restrict the hours of exercise to arbitrarily determined time periods is completely irrational”.

He added that it was wrong to allow people to travel to attend funerals but not to earn their livelihoods by street trading, as many South Africans do. 

The case was brought forward by the Liberty Fighters Network and the Hola Bona Renaissance Foundation.

The government has since said it will review its regulations but that in the meantime the current lockdown regulations still apply. 

South Africa initially had some of the strictest lockdown regulations in the world, with the sale of alcohol and cigarettes prohibited and outdoor exercise banned. 

Some restrictions were lifted this week as alcohol sales for home consumptions resumed. Cigarettes remain outlawed.

All gatherings, except for work, religious ceremonies and funerals, are also still banned. 

It remains illegal to travel between the country’s provinces and international flights 

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