Police at Muizenberg Beach in Cape Town, South Africa on 29 December 2020. Following the most recent update by President Cyril Ramaphosa to South African lockdown regulations, the police asked citizens to leave the beach. However, no arrests were made. Picture: Gallo Images/Brenton Geach
On the eve of a new and hopefully improved year, at least two civil society organisations are opposing cooperative governance and traditional affairs minister Nkosazana Dlamini-Zuma’s adjusted lockdown Level 3 regulations.
Non-profit organisation the Liberty Fighters Network (LFN) aims to hold Dlamini-Zuma in contempt of court – its president Reyno De Beer expressed earlier this month, after sending an urgent letter to the minister.
The threat of posible arrest also looms, with the LFN saying that contempt of court is a criminal offence.
Reports also indicate that Lawyers for Black People is in the High Court on Thursday, seeking more information on the legality of gatherings and fears of police intimidating residents on private property.
The LFN’s argument relates to the court order on 2 June in which Judge Norman Davis found that a number of regulations laid out in the Disaster Management Act were in violation of basic human rights, and were thus declared unconstitutional and invalid.
After the ruling, Davis gave Dlamini-Zuma 14 days to review, change and republish the opposed lockdown Level 3 regulations.
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But Dlamini-Zuma opted instead to apply for leave to appeal against the entire judgement, which was opposed by the LFN, as well as the Hola Bon Renaissance Foundation.
The leave to appeal was granted by Davis, but according to a statement issued by De Beer, Dlamini-Zuma failed to lodge her appeal, which for the LFN means that the closure of beaches is no longer relevant.
“The Supreme Court of Appeal on 11 September 2020 granted the Minister leave to appeal to those parts which the Pretoria High Court had originally excluded. However, in terms of the Rules of the Supreme Court of Apeal, the Minister had to lodge her formal appeal against those parts as well.
“Her failure to do so now means that all the regulations pertaining to closure of businesses and, of course, beaches and parks, became legally unconstitutional and invalid,” De Beer explained.
Dlamini-Zuma had, according to De Beer, until October to lodge her appeal. De Beer said he allowed her until midday on 20 December to open all beaches, “and to bring the Regulations in line with the Constitution,” but no such retraction to the regulation was made.
They said this would render the illegality of alcohol sales and consumption invalid as well.
But De Beer did not stop there.
He continued that because contempt of court is a criminal offence, “a Court may even find that her own lock-up may be opportune.”
The LFN has therefore viewed beach parties to be above-board since 1pm on 20 December, and said before the newly imposed re-banning of alcohol consumption and sales that booze would have been able to be sold at any time, and could not be criminally sanctioned under Disaster Management Act regulations.
Dlamini-Zuma defended government’s decision to close beaches during the festive season against the Great Brak River Business Forum and AfriForum just one week ago.
She stood firm in government’s attempts to strike a balance between lives and livelihoods, and said too many regions with beaches were now declared hotspot areas, such as the Garden Route and KwaZulu-Natal.
The LFN was not immediately available for comment. Updates to follow as more information is made available.
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