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Level 4 lockdown regulations: Public participation process was too short, court hears

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The rationality of the government's regulations for the Level 4 lockdown was challenged in court on Monday due to the short time allowed for public participation.

 

The controversial regulation continuing the ban on smoking, which was announced by Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma, is among those questioned. Dlamini-Zuma said the decision was reached after public consultation.

 

Last month, Mpiyakhe Dlamini, Duwayne Esau, Tami Jackson, Lindo Khuzwayo, Mikhail Manuel, Neo Mkwane, Scott Roberts and Riaan Salie asked the Western Cape High Court in Cape Town to declare the lockdown regulations invalid and the National Coronavirus Command Council inconsistent with the Constitution and Disaster Management Act.

 

On Monday, judges Rosheni Allie and Elizabeth Baartman listened to arguments via a virtual platform. They reserved judgment.

 

Advocate Anton Katz SC, for some of the applicants, said: "The process chosen by the government to make the regulations failed the rationality test in the process stage."

 

He added they were in dispute with the respondents on whether or not public participation was required - he said yes, they said no.

However, there was a public participation process, but the process was not rational, Katz argued.

 

On 25 April, he said, a notice that there was a process for public comment appeared on the Department of Cooperative Government and Traditional Affairs' website, and Dlamini-Zuma mentioned it during a press conference on the same day.

 

Source: News24

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