Sakeliga urgently heads to court over health regulations
20 May 2022
Sakeliga yesterday served a court application on the Minister of Health, Joe Phaahla, President Cyril Ramaphosa and others. Sakeliga is asking the court to declare unlawful and unconstitutional and to set aside the health regulations that Minister Phaahla promulgated during the night hours of 4 May 2022.
Sakeliga’s application differs from existing litigation and puts further essential arguments before the court. Sakeliga argues that the regulations are both substantively and procedurally irrational. Important additional arguments include that the regulations do not serve any valid purpose in terms of health legislation but are instead unlawfully attempting to achieve other aims, including:
To maintain the “temporary” rules and regulations of the national state of disaster without there being such a state of disaster in terms of the Disaster Management Act;
To follow an inappropriate and constitutionally inadmissible public health containment strategy for Covid-19;