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:
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 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 2022||Sakeliga 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|13 May 2022||Sakeliga writes to the Minister and demands that the regulations of 4 May 2022 be withdrawn by 18 May.|
|4 May 2022||Health Minister Joe Phaahla promulgates health regulations in the night hours of 4 May that severely infringe on institutions and people’s freedoms and rights.|