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Interview with Reyno De Beer and Judy Sole: Episode 1

Judy: Reyno, what is the significance of the judgement? What do we get if they give you what you ask for?

Reyno: What we get is that the court has declared that the so called lock down regulations, the Disaster Management Act regulations, have been declared unconstitutional and invalid, making it invalid – Null and void.

Judy:  At this moment in time, if we didn’t do anything, in other words if your case had never happened, where do you believe we were heading?

Reyno: Well we would most probably be on a much higher level, probably level 4, that the original planning was to keep us in lockdown  for as long as it can take. So the fact that we have decided to lodge our application, basically through a spanner in their works. It was not expected and therefore the moment when our case was heard and the significance of our case was the fact that we cited the correct respondent which was only the Minister of Cooperative Government and Traditional Affairs. All the other cases had the problem that they cited the President and the NCC and the Health Minister, and they basically through the whole cabinet into one. So that created a lot of legal problems.

Judy: So they are powerless at the moment, aren’t they?

Reyno: Definitely. At this stage the only person who got authority over the National State of Disaster and the Disaster Management Act, is the dedicated Minister, which is Minister Nkosazana Dlamini-Zuma. Even the President doesn’t have the authority to do anything in terms of that Act, but, what most people don’t understand is that the cabinet functions as a unit, so the cabinet most probably made the decision and told Minister Nkosazana Dlamini-Zuma what to do and the regulations that she had to promulgate.

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