Reyno Davi De Beer

Versus

The Minister of Cooperative Governance & Traditional Affairs

(Case No. 21542/2020)

Provisions Involved

Section 27 of the Disaster Management Act

Facts

This case is filed by David who runs a community namely Liberty Fighter Network (LFN) after so many calls from the aggrieved people who are facing problems due to the Lockdown. This whole case was regarding the regulations imposed in South Africa and its citizens inhabitants referred to as LOCKDOWN REGULATION. The regulations by Disaster Management Act were tested as per their rationality and Limitation but they failed in that test.


Issues

Observations

Mohammed and two ors. v. The President of the Republic of South Africa and Ors. (Case No. 21402/20): This case was taken into the consideration but Justice Davis said that he is not bound to follow this judgement. As these two cases are different and the facts do not arise from the same root.


Held

The HC declared that the regulations imposed by the Minister under Disaster Management Act as unconstitutional and 14 days are being given to the Respondent to fix this deficiency in the regulation.