High Court grants Joburg parents permission to travel to WC to care for daughter

A Johannesburg couple was granted permission to travel from Gauteng to the Western Cape to care for their adult daughter who suffers from an autoimmune disease.

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Jurgens Bekker Attorneys launched an urgent application on April 13 seeking permission for the couple to travel across provincial borders following the regulations published by the Minister of Cooperative Governance and Traditional Affairs prohibiting the movement of people between provinces during the national lockdown.

The respondents cited in the application were the ministers of police, transport and health who opposed the application on the basis that it went against the regulations which prohibits the movement between provinces without the applicants having challenged the legality of the regulations.

The respondents also argued that the Department of Cooperative Governance and Traditional Affairs ought to be given an opportunity to have a say regarding the relief sought by the couple.

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The matter was heard before the Honourable Judge Sardiwalla on April 14 via video conference by the Gauteng Division of the High Court in Pretoria.

The court took the decision not to disclose the names of the couple or their daughter.

Attorney Megan Pires told the court that the application was to enable the couple to travel to the Western Cape and reside with their daughter who lives alone and suffers from an autoimmune disease.

She also informed the court that the Department of Cooperative Governance and Traditional Affairs was not cited as a respondent as no relief was sought against them and that a copy of the urgent application was sent to the department.

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The applicants argued that Regulation 11A, Annexure B paragraph 10 allows for people to travel across borders for the purposes of providing care services and social relief of distress to the sick.

Pires argued that because the couple’s daughter suffers from an autoimmune disease she is at a higher risk of contracting Covid-19 should she leave her residence for any reason.

“On this basis alone she requires the assistance of her parents during the lockdown period,” Pires stated.

The daughter’s physician supported the application.

“The relief sought by the applicants was granted and the applicants have been permitted, via court order, to travel to the Western Cape to reside with and care for their daughter during the lockdown period.

“Our clients are relieved and grateful that they are now able to provide essential care to their daughter during her time of need.

“It is important to note this order only provides the applicants with authorisation and does not apply to everyone.

“Parties seeking permission to act outside of what is set down in the regulations will have to approach the court on a case by case basis,” Jurgens Bekker Attorneys stated.

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