lju4801 PortfolioAssessment4-2021.

Portfolio Assessment 4 – 2021 DO NOT COPY THE WHOLE ASSESSMENT INTO YOUR PORTFOLIO AS THAT WILL AFFECT YOUR SIMILARITY INDEX! Attached to this is the case of De Beer and Others v Minister of Cooperative Governance and Traditional Affairs 2020 (11) BCLR 1349 (GP). Read through the case and then indicate which theory of interpretation was used in this case. You need not summarise the whole case or deal with every aspect of it. Just indicate which theory you think was used and substantiate that statement with references to the case. Max word count is 300. 2 HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) CASE NO: 21542/2020 In the matter between: REYNO DAWID DE BEER First Applicant LIBERTY FIGHTERS NETWORK Second Applicant HOLA BON RENAISSAINCE FOUNDATION Amicus Curiae and THE MINSTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Respondent ________________________________________________________________ JUDGMENT ________________________________________________________________ DAVIS, J [1] Nature of the application This is the judgment in an urgent application which came before me last week Thursday, 28 May 2020. In the application, the validity of the declaration of a National State of Disaster by the respondent, being the Minister of Cooperative Governance and Traditional Affairs (“the Minister”), and the regulations promulgated by her pursuant to the declaration are being attacked. The attack is by a Mr De Beer DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: NO. (2) OF INTEREST TO OTHER JUDGES: YES (3) REVISED. DATE 02 June 2020 SIGNATURE 3 in person and by a voluntary community association known as the Liberty Fighters Network (“the LFN”). Another non-profit organization, the Hola Bon Renaissance Foundation (“HBR”), which also styles itself as “the African Empowerment”, has been allowed to address the court as an amicus curiae (a friend of the court). [2] Introduction: As will appear hereinlater, the constitutionality of the regulations currently imposed on South Africa and its citizens and inhabitants in terms of Section 27 of the Disaster Management Act, 57 of 2002 (the “DMA”), referred to as the “lockdown-regulations” or the “COVID-19 regulations” (hereinlater simply referred to as “the regulations”) is central to this application. I therefore deem it apposite to commence this judgment with the following quotations