On Friday (27 March), the Mpumalanga High Court heard an urgent application from a man who asked to be exempt from South Africa’s coronavirus lockdown regulations so that he may travel between provinces.<\/p>\n
In terms of the regulations, the movement of all persons and goods are restricted while the lockdown is in effect.<\/p>\n
Every person is confined to his or her place of residence, unless strictly for the purposes of performing an essential service, obtaining an essential good or service, collecting a social ground, or seeking emergency, lifesaving or chronic medical attention.<\/p>\n
The movement of persons between provinces and between metropolitan and district areas is also strictly prohibited with punishments including fines and up to six months in jail.<\/p>\n
The applicant who applied to travel between provinces currently resides in Mbombela in Mpumalanga.<\/p>\n
Early in the morning of 27 March 2020, he received a telephone call from his mother. She informed him that his grandfather tragically passed away in a fire at his home earlier that morning. The applicant\u2019s grandfather lived in Hofmeyr in the Eastern Cape.<\/p>\n
The applicant desperately wanted to travel to Hofmeyr to support his mother and to assist with his grandfather’s funeral. The funeral is to take place sometime next week in Hofmeyr.<\/p>\n
To further support his case the applicant argued that hat there would be no risk of him contaminating anyone with the virus during his trip to Hofmeyr.<\/p>\n
He added that he has not been in contact with any person from abroad or a person which has contracted the virus and that he does not display any of the known symptoms of the virus.<\/p>\n
The applicant said he also intends to comply with all the remaining provisions of the regulations and that he will apply all the necessary precautions to prevent contamination and\/or the spread of the virus.<\/p>\n
Ruling<\/strong><\/p>\n In its judgement, the court noted that the circumstances of the application were ‘extremely upsetting’. “It shows in the crudest manner the crude effects of the final lockdown regulations upon a family,” it said.<\/p>\n While the court extended its sympathy to the man, it noted that the law prohibits that which the applicant wants to do – however urgent and deserving.<\/p>\n “The executive, under enabling legislation, invoked the provisions of the Act by declaring the state of disaster in order to curb the spread of Covid-19,” it said.<\/p>\n “The act and the final lockdown regulation applies to everyone within the borders of the Republic. I cannot accede to the relief the applicant seeks because in doing so, I will be authorising the applicant to break the law under judicial decree \u2013 that no court can do.<\/p>\n “In addition, no matter how careful and diligent the applicant will conduct himself, not only the applicant but many others may be exposed to unnecessary risk, even death, if I grant the applicant the relief he seeks.”<\/p>\n The application was subsequently dismissed. You can read the full ruling here<\/a><\/strong>.<\/p>\n
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