The Minister of Health’s health regulations of 4 May 2022, made in terms of the National Health Act, heralded a new era of state interference and health monitoring. It was aimed at compelling 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 to discriminate among them. Businesses were used as monitoring agents of the state to enforce discriminatory health measures on clients against their will.

Sakeliga approached the court to challenge the new health monitoring regime and to prevent it from being entrenched in further state policies. Owing to the pressure of court cases initiated by Sakeliga and others against the health regulations, the Minister shortly thereafter withdrew the major and most controversial parts of his 4 May regulations. The court case, however, is continuing and the focus now is on the remaining regulations and the unacceptable semblance of a public consultation process having been followed. The continued legal action is preventing the government from trying to enforce health monitoring measures on businesses, churches, schools and others in future.