The state versus Mohammed and two others in the matter regarding the constitutionality of the COVID-19 lockdown says granting interim relief for the relaxation of the lockdown would undermine government’s COVID-19 plans.
The applicants are challenging the President of South Africa arguing that the closing of the masaajid is in breach of the fundamental rights of South Africans in Chapter two of the constitution.
Advocate for the applicants Feroz Boda argued that the Muslim community is in pain because the doors of the Masaajid are closed.
He says the lockdown regulations should be amended to allow the Masaajid to remain open during the lockdown under strict conditions.
However, Advocate for the state Isabel Goodman says this will undermine interim relief would undermine government’s ability to plan.
Goodman says there is not enough information in the applicants papers to warrant a relaxation of the regulations.
“Government is making choices causing massive suffering, but it does not do so lightly. Even the most vital of religious practices can be limited for the greater good. It must follow that the application must be dismissed.”
Goodman says if the Judge isn’t with her on limitations then the state can only ask the executive to recraft the regulations and cannot have judiciary making law.
Faizel Patel
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