State of disaster to be extended by a month, with court judgment to be appealed

Cabinet plans to appeal the North Gauteng High Court judgement which declared the level 3 and level 4 Covid-19 lockdown regulations invalid, while also extending the current national state of disaster by a further month.

In a post-cabinet briefing on Thursday afternoon, Minister in the Presidency Jackson Mthembu briefed the media on their decision to appeal the court’s decision, saying they did not believe another court would come to the same conclusion and they would appeal the decision on an urgent basis.

The appeal will be heard in the same court, and, if needed, will be taken to the appeals court, though not the Constitutional Court directly. Mthembu would not elaborate on which specific sections of the judgment they would be appealing.

“After obtaining legal advice and listening to numerous comments made by members of the legal fraternity in reaction to the judgment, we are of the view that another court might come to a different conclusion on the matter,” Mthembu said.

“Cabinet has therefore decided to appeal the North Gauteng High court decision. Government will ask that its appeal be heard on an urgent basis so that it can obtain certainty on the regulations. The Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma will be joined in this appeal by President Cyril Ramaphosa and the Minister of Health, Dr Zweli Mkhize.”

The extension of the state of disaster will become valid on 15 June until 15 July. Legally a state of disaster declaration is only valid for 90 days, and the current state of disaster expires on 15 June.

“It was then necessary for the minister of Cogta to request cabinet to extend the state of disaster by another month, which is allowed in law,” Mthembu said.

He also announced cabinet’s concern over the “intensity and increase of Covid-19 infections in the Western Cape.” Ramaphosa and a team of ministers are expected to visit the province on Friday to discuss a response with provincial leadership, as well as to assess the province’s readiness to deal with a continued increase of cases.

More to follow.

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