ConCourt kicks out NGO's legal challenge against 21-day coronavirus lockdown
Johannesburg - The Constitutional Court has dismissed an application by NGO Hola Bon Renaissance Foundation (HBR) which sought to have President Cyril Ramaphosa's directive implementing a 21-day lockdown declared unconstitutional.
The relatively unknown non-profit organisation took the spotlight last week when it approached the court on an urgent basis seeking to have Ramaphosa’s implementation of a national lockdown declared unlawful. The president issued a directive of lockdown last week Monday to curb the spread of the Covid-19 coronavirus.
Over 1 200 people have been infected with the virus in the country and the Minister of Health Dr Zweli Mkhize has said the numbers were expected to rise. Two people have also died from the virus, a 74-year-old man from KwaZulu-Natal and a 48-year-old woman from the Western Cape.
Despite this evidence, the foundation claimed that the coronavirus does not affect Africans. The foundation’s chairperson Bontshitwe Mothopeng said the virus posed no threat to the country and its people.
The foundation also claimed that Ramaphosa abused his power when he implemented the lockdown. It said South Africans' rights to human dignity, freedom of movement and trade, occupation and access to healthcare and food were violated.
On Monday, the Constitutional Court dismissed the application, which was directed to Ramaphosa and his deputy David Mabuza, stating that it has no prospects of success.
No cost order was issued.
“The Constitutional Court has considered the application for direct access to this court on an urgent basis. It has concluded that the application should be dismissed as it bears no prospect of success,” the court said.