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Government to appeal court ruling on lockdown regulations

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The government will appeal this week's high court ruling declaring Covid19 regulations for Lockdown Levels 3 and 4, invalid and unconstitutional.

The decision was taken at a special Cabinet meeting on Thursday, called to discuss the North Gauteng High Court ruling.

"We do not believe that any other court will come to the same conclusion," said Cabinet spokesperson, Jackson Mthembu.

"Our decision-making methodology was very open and we did not do anything that will justify what the court arrived at and that is why we are taking the matter on appeal. We are very confident that what we did, the articulation of levels, all this within the ambit of Covid were crafted to save lives, that is what we are about," he added.

"Many commentators have said South Africa has done very well."

He said the appeal would be launched in the North Gauteng High Court and would from there probably proceed to the Supreme Court of Appeal.

Judge Norman Davis held that the lockdown regulations were invalid because they infringed on the fundamental rights of South Africans in a manner that was excessive and irrational.

He said the state had a duty to infringe on rights to the smallest possible degree necessary to achieve its aim of protecting the nation from a health threat.

Judge Davis suspended his ruling for two weeks to allow the government time to redraft the regulations.

Meanwhile, Cabinet also approved the extension of the Declaration of the State of Disaster to 15 July.

Mthembu said that by law, a national state of disaster can be declared for a period of three months and renewed for a further month if necessary.

President Cyril Ramaphosa declared a state of disaster on March 18 in response to the Covid-19 health crisis.

- African News Agency (ANA)