Action 4 Freedom v the Minster of Health on Tuesday 26 April in the Cape Town High Court is massive
Is the High Court Captured? We will know on 26 April 2022
Context: South Africa
Case number 8515/22, brought by Action 4 Freedom, a Non Profit Company, against the Minister of Health will be heard in the Western Cape High Court, at Cape Town on the 26th April 2022 and it’s a massive case.
The plaintiff Action 4 Freedom, has inter alia motioned the High Court to declare the Minister of Health’s Government Notice 46048 ultra vires and invalid which would mean that the Minister of Health would have to restart the process from day one.
The reason is simple, the minister’s notice specified a thirty (30) day public consultation period while Section 90(4)(a) of the Act, makes it crystal clear that, if the minster was to seek a public consultation period, and he did, then a minimum public consultation period of three months is required.
There is no grey area here, no place for interpretation, the minimum public consultation period is three months. This means that any competent court must declare the Minister of Health’s Government Notice 46048 ultra vires and invalid which means the minister has to go back and start all over again, hopefully reapplying his mind to this matter.
The law makes no provision for; “Well we made an honest mistake, so extend the period for another two months” which the minister may well attempt thereby further embarrassing himself.
What are the possible outcomes? The only legal outcome is for the Court to find for the plaintiff and declare the Minister of Health’s Government Notice 46048 ultra vires and invalid.
But what if the Court finds for the minster? Well that would send a very clear message that the High Court is captured, is no longer independent and has become a blunt instrument of the ANC Executive.
Only time will tell.
Excellent article. Keep up the good work.
Love your work. You seem very knowledgeable about law etc. any tips on how I go about firing the SA government?