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.