Duwayne Esau and Others v Minister of Co-Operative Governance and Traditional Affairs and Others (611/2020) [2021] ZASCA 9 (28 January 2021)

Jurisdiction
South Africa
Citation
Duwayne Esau and Others v Minister of Co-Operative Governance and Traditional Affairs and Others (611/2020) [2021] ZASCA 9 (28 January 2021)
Media Neutral Citation
[2021] ZASCA 9
Hearing date
2 November 2020
Court
Supreme Court of Appeal of South Africa
Case number
611/2020
Judges
Plasket JA, Petse DP, Zondi JA, Van der Merwe JA, Mabindla-Boqwana AJA
Judgment date
28 January 2021
Language
English
Type
Judgment
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Media summary
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Flynote

Disaster Management Act 57 of 2002 (DMA) – decisions and regulations
made during state of national disaster under the DMA – policy decisions of the National
Coronavirus Command Council, a cabinet committee comprising of the entire cabinet,
not justiciable because they had no legal effect – regulations made in terms of the
DMA (the level 4 regulations) made in a procedurally fair manner, alternatively in a
rational decision-making process – Minister of Co-operative Governance and
Traditional Affairs applied her mind to representations received from members of the
public – with two exceptions, the level 4 regulations found to be reasonable and
justifiable limitations of fundamental rights – reg 16(2)(f), which permitted only limited
forms of exercise during the level 4 lockdown, and items 1 and 2 of Part E of Table 1,
read with reg 28(3), which prohibited the over-the-counter sale of hot food, declared
to be invalid to the extent of their conflict with the Constitution – challenge to directions
made by the Minister of Trade, Industry and Competition moot.

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Cited documents 48

Judgment 45
  1. AB and Another v Pridwin Preparatory School and Others [2020] ZACC 12 (17 June 2020)
  2. Adminstrator of Transvaal and Others v Traub and Others (4/1988) [1989] ZASCA 90 (24 August 1989)
  3. Affordable Medicines Trust and Others v Minister of Health and Another [2005] ZACC 3 (11 March 2005)
  4. Akani Garden Route (Pty) Ltd v Pinnacle Point Casino (Pty) Ltd (252/1999) [2001] ZASCA 59 (17 May 2001)
  5. Albutt v Centre for the Study of Violence and Reconciliation and Others [2010] ZACC 4 (23 February 2010)
  6. Attorney-General for Eastern Cape v Blom and Others (83/1988) [1988] ZASCA 83 (30 August 1988)
  7. Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others [2004] ZACC 15 (12 March 2004)
  8. Biowatch Trust v Registrar Genetic Resources and Others [2009] ZACC 14 (3 June 2009)
  9. Certification of the Constitution of the Republic of South Africa, 1996 [1996] ZACC 26 (6 September 1996)
  10. City of Tshwane Metropolitan Municipality v Cable City (Pty) Ltd (232/2008) [2009] ZASCA 87 (10 September 2009)
  11. City of Tshwane Metropolitan Municipality v Cable City (Pty) Ltd [2009] ZACC 34 (3 December 2009)
  12. Democratic Alliance v President of South Africa and Others [2012] ZACC 24 (5 October 2012)
  13. Democratic Alliance v President of the Republic of South Africa and others (263/2011) [2011] ZASCA 241 (1 December 2011)
  14. Du Preez and Another v Truth and Reconciliation Commission (426/1996) [1997] ZASCA 2 (18 February 1997)
  15. Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others [1998] ZACC 17 (14 October 1998)
  16. Gelyke Kanse and Others v Chairperson of the Senate of the University of Stellenbosch and Others [2019] ZACC 38 (10 October 2019)
  17. Law Society of South Africa and Others v President of the Republic of South Africa and Others (South Africa Litigation Centre and Centre for Applied Legal Studies as Amicus Curiae) [2018] ZACC 51 (11 December 2018)
  18. MEC for Education: Kwazulu-Natal and Others v Pillay [2007] ZACC 21 (5 October 2007)
  19. MEC: Department of Agriculture, Conservation and Environment and Another v HTF Developers (Pty) Limited [2007] ZACC 25 (6 December 2007)
  20. Masetlha v President of Republic of South Africa and Another [2007] ZACC 20 (3 October 2007)
  21. Medirite (Pty) Limited v South African Pharmacy Council and Another (197/2014) [2015] ZASCA 27 (20 March 2015)
  22. Midi Television (Pty) Ltd v Director of Public Prosecutions (Western Cape) (100/2006) [2007] ZASCA 56 (18 May 2007)
  23. Minister for Justice and Constitutional Development v Chonco and Others [2009] ZACC 25 (30 September 2009)
  24. Minister of Defence and Military Veterans v Motau and Others [2014] ZACC 18 (10 June 2014)
  25. Minister of Health and Another v New Clicks South Africa (Pty) Ltd and Others [2005] ZACC 14 (30 September 2005)
  26. Minister of Health and Others v Treatment Action Campaign and Others (No 2) [2002] ZACC 15 (5 July 2002)
  27. Minister of Home Affairs and Others v Scalabrini Centre, Cape Town and Others (360/13; 735/12) [2013] ZASCA 134 (27 September 2013)
  28. Moise v Greater Germiston Transitional Local Council of Greater Germiston [2001] ZACC 21 (4 July 2001)
  29. National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others [1998] ZACC 15 (9 October 1998)
  30. National Director of Public Prosecutions v Mohamed NO and Others [2003] ZACC 4 (3 April 2003)
  31. National Director of Public Prosecutions v Zuma (573/2008) [2009] ZASCA 1 (12 January 2009)
  32. Pharmaceutical Manufacturers Association of South Africa and Another: In re: Ex Parte: President of the Republic of South Africa and Others [2000] ZACC 1 (25 February 2000)
  33. Plascon-Evans Paints (TVL) Ltd v Van Riebeck Paints (Pty) Ltd (53/84) [1984] ZASCA 51 (21 May 1984)
  34. President of the Republic of South Africa and Others v South African Rugby Football Union and Others [1999] ZACC 11 (10 September 1999)
  35. Retail Motor Industry Organisation and Another v Minister of Water & Environmental Affairs and Another (145/2013) [2013] ZASCA 70 (23 May 2013)
  36. Rhino Oil and Gas Exploration SA (Pty) Limited v Normandien Farms (Pty) Limited and Another (100/2018) [2019] ZASCA 88 (31 May 2019)
  37. Rudolph and Another v Commissioner for Inland Revenue and Others [1996] ZACC 13 (11 June 1996)
  38. S v Mabena and Another (373/2006) [2006] ZASCA 178 (17 October 2006)
  39. S v Makwanyane and Another (CCT 3/94) [1995] ZACC 3 (6 June 1995)
  40. S v Manamela and Another (CCT 25/99) [2000] ZACC 5 (14 April 2000)
  41. South African Association of Personal Injury Lawyers v Heath and Others [2000] ZACC 22 (28 November 2000)
  42. South African Roads Board v City Council of Johannesburg (485/1989) [1991] ZASCA 63 (24 May 1991)
  43. Transvaal Agricultural Union v Minister of Land Affairs and Another [1996] ZACC 22 (18 November 1996)
  44. Visagie v State President and Others (553/1987) [1989] ZASCA 83 (1 June 1989)
  45. Zuma and Others v S (CCT 5/94) [1995] ZACC 1 (5 April 1995)
Legislation 3
  1. Disaster Management Act, 2002
  2. Promotion of Administrative Justice Act, 2000
  3. Unemployment Insurance Act, 2001

Documents citing this one 7

Judgment 7
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  2. East Rand Member District of Chartered Accountants and Another v Independent Regulatory Board for Auditors and Others (113/2022) [2023] ZASCA 81 (31 May 2023)
  3. Minister of Cooperative Governance and Traditional Affairs and Another v British American Tobacco South Africa (Pty) Ltd and Others (309 of 2021) [2022] ZASCA 89 (14 June 2022)
  4. Minister of Health and Another v Alliance of Natural Health Products (South Africa) (256 of 2021) [2022] ZASCA 49 (11 April 2022)
  5. Minister of Social Development v SA Childcare (Pty) Ltd and Others; MEC, Social Development Eastern Cape and Others v SA Childcare (Pty) Ltd and Others (71 of 2021) [2022] ZASCA 119 (29 August 2022)
  6. Post Office Retirement Fund v South African Post Office SOC Ltd and Others (1134/2020) [2021] ZASCA 186 (30 December 2021)
  7. Samuels v South African Legal Practice Council (1112/2021) [2022] ZASCA 175 (7 December 2022)