Staff Reporter
People who test positive for COVID-19 may not be forced into quarantine at state facilities if they are able to isolate on their own, the North Gauteng High Court has ruled.
The ruling follows an urgent application brought by AfriForum against regulations put in place under the Disaster Management Act to help contain the spread of the coronavirus.
Judge JW Louw granted the application in which the Afrikaaner rights group wanted the Pretoria court to declare the regulations that disallowed self-isolation invalid.
The Department of Cooperative Governance and Traditional Affairs (CoGTA), which is led by Nkosazana Dlamini-Zuma and is responsible for implementing the Disaster Management Act, agreed that AfriForum’s application should be made an order of court.
The outcome becomes the second negative judgment — to the government’s regulations to fight COVID-19 — delivered by the same court in as many days.
The regulations, which AfriForum described as draconic and irrational, were aimed at putting everyone who tests positive for COVID-19 under compulsory state quarantine.
AfriForum’s application was based on the fact that these regulations were unconstitutional, illegal and irrational.
The regulations determined, among others, that everyone who tests positive for COVID-19 – regardless of whether they show any symptoms or not – should be put in the government’s isolation facilities.
“Regulations would have given the state the power to force people into quarantine without their permission – even under circumstances where the person may be able to effectively self-isolate,” said AfriForum.
“It would consequently have given law enforcers and the state too much power under the guise of combatting the spread of the virus,” it said.
CoGTA did not immediately comment or the ruling.
Yesterday, the same court declared alert Levels 3 and 4 of the national lockdown regulations unconstitutional and invalid.
The court however suspended the declaration of invalidity for a period of 14 business days to allow the government time to address the issues at fault.
This means the alert Level 3 regulations which kicked in on Monday remain in place for now
