The North Gauteng High Court in Pretoria will hear an application from civil organisation Dear South Africa (Dear SA) next month, which seeks an order to declare the lockdown extension unlawful.
On 11 November, President Cyril Ramaphosa announced another extension of the national state of disaster during to address to the nation.
The national state of disaster was due to lapse on 15 November following a one-month extension on 15 October, with the latest extension then being gazetted by Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma on 13 November.
Dear SA filed their application, claiming that the latest lockdown extension was unconstitutional.
“Lockdown extensions will not save the lives of those who contract Covid-19 and do not require hospitalisation.
“With the danger of the state of disaster, the minister has absolute power to institute relations and new laws and take us back to level five. We need to remove that power and any further developments will have to go through Parliament and require parliamentary oversight.”
Hutchinson confirmed via Twitter on Tuesday that Dlamini-Zuma had opposed their application.
UPDATE; the minster has responded to our court papers with an indicated intention to oppose the matter. We’ll be in court 1 December to prevent further extensions of the State of Disaster. Thank you for your support! https://t.co/7PsNHw3Ofv
— Rob Hutchinson #unlockdown (@RobHutchinson8) November 17, 2020
This was not the first time that Dlamini-Zuma had been challenged over lockdown regulations.
Meanwhile, DA leader John Steenhuisen has also slammed the lockdown extension, claiming that the extension was “incomprehensible”.
“This country is in serious trouble. What people need most right now is maximum freedom and confidence to rebuild the economy and their lives. They need stability and certainty that there will be no return to lockdown, ever,” he said.