“Government has taken note of the judgment delivered by the Gauteng Division of the High Court today (Tuesday) declaring the alert level 4 and alert level 3 lockdown regulations unconstitutional and invalid,” Cabinet spokesperson Phumla Williams said in a statement. 

“The court suspended the declaration of invalidity for a period of 14 days, which means the alert level 3 regulations remain in operation for now.” 

Williams said the court further directed Co-operative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma, in consultation with the relevant ministers, to review, amend and republish the regulations with “due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights”.  

Online publication IOL reported that the case was brought by the Liberty Fighters Network, which argued that the lockdown restrictions were unlawful and unconstitutional because a state of emergency had not been declared. 

Last week, President Cyril Ramaphosa announced that the whole of South Africa would move to level 3 lockdown, which has been implemented from Monday across the country. 

"Cabinet has determined that the alert level for the whole country should be lowered from level 4 to level 3 with effect from June 1," he said in a televised address to the nation.

Ramaphosa said this would entail the reopening of most of the economy and would see some eight million people return to work, including most civil servants. 

The nationwide night-time curfew would be lifted, but South Africa's national borders would remain closed, apart from the transport of goods and the repatriation of citizens.

He stressed that the worst of the pandemic was yet to come in terms of infections, and that these were expected to rise faster in coming weeks.

"The risk of a massive increase in infections is now greater than at the start of the outbreak in our country," Ramaphosa said at the time, and urged citizens to comply with health risk precautions. 

Although all regions would move from level 4 to level 3, those metropolitan areas with a high infection rate would be declared "hotspots" and would see intensive public health interventions.

Ramaphosa acknowledged that government recognised a measure of anxiety among parents regarding the announced staged reopening of schools from June 1, and said there would be no consequence if parents decided to keep their children at home.

"No parent will be forced to send their child to school if they are worried about safety at the schools," he said.

The regulations that would pertain to level 3 would see the sale of alcohol allowed, within certain limitations, but the prohibition on the sale of cigarettes would remain in place, he said.

African News Agency