Why this court case?

Sakeliga is asking the court to declare unlawful and unconstitutional and to set aside the health regulations that Minister Phaahla promulgated during the night hours of 4 May 2022.  

Sakeliga argues that the regulations are both substantively and procedurally irrational. Important additional arguments include that the regulations do not serve any valid purpose in terms of health legislation but are instead unlawfully attempting to achieve other aims, including: 

  1. To maintain the “temporary” rules and regulations of the national state of disaster without there being such a state of disaster in terms of the Disaster Management Act; 
  2. To follow an inappropriate and constitutionally inadmissible public health containment strategy for Covid-19; 
  3. To introduce a hidden vaccination mandate by encroaching on people’s rights and freedoms to such an extent that those who have not been vaccinated or have not received certain booster injections, must take a such injections against their will; and 
  4. To compel businesses, churches, schools, expos, stadiums and other entities in civil society through criminal punitive measures to divide people into classes based on vaccination status and discriminate among them.  


Minister Phaahla’s most recent regulations dated 4 May in terms of the National Health Act are heralding a new, dangerous era of state interference and health monitoring.  Sakeliga wants to stop this.

Case details

Status: Active

Case commences: 19 May 2022

Court: High Court: Pretoria

Next court date:
26 and 27 July 2022


13 July 2022
​Sakeliga files a replying affidavit in the case, and hereby responds to the minister’s answering affidavit of 22 June.
22 June 2022
​The Minister of Health files an answering affidavit in the case, just after repealing most of the regulations.
8 June 2022
​Sakeliga files an amended notice of motion and supplementary founding affidavit, after having considered the record of decision-making in terms of Rule 53 of the court rules.
25 May 2022
Sakeliga receives the respondents’ record of decision-making in terms of the court rules. The record reveals that a contemptuous consultation process was followed by the Department of Health and that the Minister ignored the advice of his own advisers when he promulagated the regulations.​
19 May 2022Sakeliga serves court papers on Health Minister Joe Phaahla, President Cyril Ramaphosa and others. Sakeliga is asking the court to declare unlawful and unconstitutional and set aside the health regulations promulgated by Minister Phaahla on 4 May 2022.
13 May 2022Sakeliga writes to the Minister and demands that the regulations of 4 May 2022 be withdrawn by 18 May.
4 May 2022Health Minister Joe Phaahla promulgates health regulations in the night hours of 4 May that severely infringe on institutions and people’s freedoms and rights.


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