DA unsuccessful in WC High Court bid to stop beach closures

The DA’s challenge to the national government’s decision to close the beaches in the Garden Route District for the entirety of the festive season failed in the Western Cape High Court on Tuesday.

The DA asked the court to declare the regulations closing the Garden Route’s beaches, and limiting the time the public can access beaches in the rest of the Western Cape, as unconstitutional, unlawful and invalid.

Arguments were heard on Monday, and the court on Tuesday handed down an ex tempore judgment.

“While we are disappointed by the ruling in favour of beach closures, we welcome the amended hours of beach operation which we have managed to get changed from 09:00 to 18:00, to 06:00 to 19:00,” said DA leader John Steenhuisen in a statement.

He also welcomed that the court awarded 50% of the party’s costs.

This ruling came while similar applications were heard in the High Court in Pretoria on Tuesday.

ALSO READ: High Court to deliver judgment on beach closures on Wednesday

Steenhuisen said the DA is still “deeply concerned that the blanket closure of the Garden Route’s beaches over the festive season will have far-reaching and devastating consequences for local economies, and for the livelihoods which depend on seasonal tourism during this time”.

“While we respect the judgment, we understand that this ruling remains a devastating blow to the thousands of small businesses along the Garden Route, which are now at serious risk of collapse. This problem will not go away once South Africa emerges from the coronavirus pandemic, and we cannot ignore the risk to livelihoods which many lockdown restrictions present.”

READ MORE: 891 cancellations in Garden Route since beach closures, costing over R14m – survey

He said the DA will continue to act in both the “interests of the lives and livelihoods of South Africans”.

“South Africa’s coronavirus response must always take into account the delicate balance between lives and livelihoods. Our country cannot endure any regulations which harm the economy and cut citizens off from their means to make an honest living in a safe and secure manner.”

He said regulations imposed to mitigate the spread of the coronavirus must be within reason and backed up by scientific and medical advice.

“Anything less is a reckless assault on the livelihoods of millions of South Africans in an economy which is already on its knees.

“The DA will continue to ensure that this balance is preserved and protected, and that national government does not take flagrant liberty to dominate and command the lives of free individuals in a democratic society,” Steenhuisen said.

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