The government is facing mounting legal challenges to its lockdown regulations as businesses, civil society groups and opposition parties target several issues – from the prohibition on the sale of alcohol to the rollout of vaccines.<\/p>\n
Vinpro, a non-profit company that represents 3,500 South African wine producers, is the latest group to take action. It has launched an urgent interim interdict application to lift the ban on the sale of wine in the Western Cape in a bid to seek relief for wine businesses.<\/p>\n
\u201cThe latest ban of two weeks that has now been imposed follows on 19 weeks of revenue loss over the past 15 months, which has had a devastating effect on the wine and tourism sector that employs more than 269,000 people,\u201d said Rico Basson, Vinpro managing director.<\/p>\n
\u201cA large number of our wine producers and wineries are small \u2013 more than 80% of the 529 wineries are small and medium enterprises and are reliant on direct sales to customers.<\/p>\n
“Although wine exports may continue, the industry exports less than 50% of annual production, with the other half sold on home soil. With no financial support from the government for these businesses, their prospects, and that of employees, are extremely bleak.<\/p>\n
Vinpro said that it made submissions to the National Coronavirus Command Council (NCCC) over the past weekend, which entailed specific interventions that would ensure a balanced approach to curb the spread of Covid-19, while also keeping the economy afloat.<\/p>\n
Unfortunately, representations in respect of this risk-adjusted approach were not taken into account and a blanket ban was yet again announced, it said.<\/p>\n
The Beer Association of South Africa (BASA) says that it is also weighing up a challenge against the alcohol ban.<\/p>\n
“As others have pointed out, there is a vaccine against Covid-19, but not against poverty. The rise in infections is a direct result of large gatherings, a lack of social distancing and the failure to wear masks – not alcohol,” the group said in response to the latest ban.<\/p>\n
“We have repeatedly communicated to the government how the previous three alcohol bans have devastated thousands of small businesses across the beer value chain leaving business owners, their employees and families destitute.<\/p>\n
“Many more businesses will now find themselves on the brink of closure as a result of the latest 14-day ban and no financial relief being made available by the government.”<\/p>\n
Vaccines\u00a0<\/strong><\/p>\n Trade union Solidarity and civil rights group Afriforum are also challenging the government’s vaccine procurement programme.<\/p>\n The groups are challenging the medical regulator Sahpra on its decision that only the government may purchase the Johnson & Johnson vaccine.<\/p>\n The organisations are questioning the legality of such conditions and request more information regarding the conditions as set by the regulator.<\/p>\n “Setting conditions that enable the state to centralise vaccines is illegal. Saphra’s function is to investigate the efficacy of vaccines and medicines; not to give the state exclusive right to purchases. We can only conclude that the state is interfering improperly in order to sharpen its grip on the health sector.<\/p>\n “However, it has already proven its incompetence during the pandemic with its inability to administer the vaccine rollout programme effectively. Further enabling the government to control vaccines will have disastrous consequences,\u201d said Anton van der Bijl, head of legal Affairs at Solidarity.<\/p>\n
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