A South African court has ruled that COVID-19 regulations in that country are unconstitutional and therefore invalid as they infringe on human rights enshrined in the Bill of Rights. The South African constitution and its judiciary are largely held globally and in Africa as the quintessential examples of what justice systems ought to be.
Three questions emerge here:
Noting the influence and strategic geo-political position of South Africa in the Africa region and southern Africa in particular, are we likely to see similar petitions coming up in other countries?
After allowing governments to suspend human rights to fight COVID-19 are citizens and their representative groups re-claiming their rights back and calling upon the State to protect their rights?
What does this mean in the fight against COVID-19 as there are still many ‘uncertainties’ and ‘unknowns’? Are human rights, after being suspended, becoming front and centre in the fight against COVID-19? Will States be able to effectively fight an invicible enemy that they do not have adequate intelligence about while still respecting human rights?
For more read here: Lockdown rules 'unconstitutional and invalid' - high court