On 2 June 2020, Judge Norman Davis handed down judgment in
Reyno Dawid De Beer and Another v the Minister of Cooperative
Governance and Traditional Affairs, declaring the regulations
promulgated in terms of section 27(2) of the Disaster Management
Act, 2002 unconstitutional and invalid. Judge Davis suspended the
declaration of invalidity for a period of 14 days, during which
time the Minister of Cooperative Governance and Traditional
Affairs, after consultation with other relevant ministers, was
ordered to amend the regulations "with due consideration to
the limitation each regulation has on the rights guaranteed in the
Bill of Rights contained in the Constitution".
While many citizens are likely to be pleased with Judge
Davis' decision, it is likely, in our view, that the judgment
will be overturned on appeal.
