The Bloemfontein-based Supreme Court of Appeal (SCA) has set aside the Pretoria High Court judgment, which declared most of the lockdown regulations, especially under levels 4 and 5, as invalid and unconstitutional.
In May 2020, local resident Reyno de Beer and his organisation, Liberty Fighters Network, turned to the court to have the lockdown regulations declared irrational and unconstitutional.
After the court's finding in favour of De Beer, the Minister of Cooperative Governance (Cogta), Nkosazana Dlamini-Zuma, appealed against the Pretoria High Court judgment made in June 2020.
The argument was that De Beer's court challenge had not properly pleaded the constitutional attack and was too vague.
The appeal process had a rocky start and was to be heard virtually because of the pandemic, something De Beer threatened to challenge.
He also wanted the full Bench to recuse themselves, but this did not go ahead as De Beer refused to take part in the virtual hearing.
The SCA held that their case was based upon sweeping generalisations and broad conclusions.
They also did not plead, or in any event properly plead, the constitutional attack that was upheld by the High Court.
The SCA further stated that in the last communication, De Beer criticized and insulted the court in a manner that was crude, gratuitously insulting and clearly contemptuous, with the intention to denigrate the Court.
The Court further stated that even though De Beer was a layperson, there was no excuse for his conduct.
The appeal was upheld, the High Court's order set aside and the application dismissed.
