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AfriForum approaches court over ‘unconstitutional’ regulations

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The civil rights organization AfriForum on Tuesday submitted a motion to the North Gauteng High Court in Pretoria to have COVID-19 Regulation 69 (12) (a), (b), (c), and (d) declared unconstitutional.

Among other things, this regulation stipulates that all beaches in the Eastern Cape and the Garden Route will be closed from 16 December to 3 January.

It also stipulates that all beaches in KwaZulu-Natal will be closed on 16, 25, 26, and 31 December and 1 to 3 January.

According to AfriForum, the restriction of access to beaches, which is public property, amounts to restricting a basic human right.

According to the Constitution, a basic human right such as the freedom of movement may only be restricted if it is justifiable and secondly supported by generally applicable legislation.

Therefore, the government can not make different rules for different beaches as these are not legal principles with general application.

The civil rights organization does agree that mass gatherings on beaches should be banned as no social distance is maintained during these gatherings.

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