NORDIEN LAW

13/07/2020

President Cyril Ramaphosa on Sunday night laid down the law in emphatic style, announcing a tough raft of restrictions on civil liberties to battle Covid-19.

01/07/2020

Today the Pretoria High Court dismissed an application by the One South Africa Movement and Mmusi Maimane, who sought a declaration that the government's decision to move to level 3 and to re-open schools was unlawful.

The court said: "The present case is precisely one in which there are a range of reasonable options open to the respondents to balance the need to safeguard life and health, while at the same time safeguarding the rights and interests associated with protecting the economy. The applicants do not dispute that the respondents have a range of options open to them to deal with the crisis. But they disagree with the choice made by the respondents to strike the balance by reducing the alert level from 4 to 3. In our view, it cannot be said that this was an unreasonable or irrational choice, particularly given the range of protective measures that remain in place, and the option to revert to a higher alert level where this may be indicated."

Read the full judgment here: https://bit.ly/38i7g2Z

26/06/2020

BREAKING: The North Gauteng High Court has dismissed the Fair-Trade Independent To***co Association (FITA)'s application to have the cigarette ban in South Africa overturned. The court held that ci******es and to***co products are not "essential goods" as per the regulations and that the ban is objectively rational, saying "having had regard to the Minister’s submissions, we are satisfied that in arriving at the decision to impose the ban, the Minister considered all of the relevant medical literature — even evidence that may have been at odds with the view linking high COVID-19 virus progression amongst smokers when compared with non-smokers. This fortifies our view that the objectivity requirement has been fulfilled."

Full judgment: https://bit.ly/3eBC4y7

26/06/2020

The Western Cape High Court has dismissed an application for a declaration that the establishment and existence of the National Coronavirus Command Council is unconstitutional and inconsistent with the Disaster Management Act 57 of 2002 ('the Act'), and is invalid; and that any decision taken or purported to have been taken by the Command Council in relation to any matter in terms of the Act is unconstitutional and invalid.

The court stated that " I accept that the measures do not satisfy everyone and there is a great deal of criticism levelled against them. The inconvenience and discontent that the regulations have caused the applicants and others have to be weighed against the urgent objective and primary Constitutional duty to save lives. That is the nature of the proportionality exercise which government has had to embark upon.

As the Minister of CoGTA states, it involved issues of high policy that have to be made in a polycentric manner. It is not for the Courts to prescribe to government how it should exercise its mandate in those circumstances.

I am satisfied that not only is the rational link between the measures and its purpose explained in the answering affidavits of the Ministers of CoGTA and the DTIC as well as the expert affidavit but it is also self-evident from the content of the regulations themselves, properly construed in its context."
Full judgment: https://bit.ly/2BIxCyO

18/06/2020

Despite an economically tumultuous 2019, followed by pandemic-plagued 2020, there is yet reason for optimism for the 2020 property market.

24/05/2020

https://m.news24.com/SouthAfrica/News/coronavirus-i-am-deeply-worried-about-impact-of-covid-19-on-sa-chief-justice-mogoeng-20200524

Chief Justice Mogoeng Mogoeng says the lockdown and state of national disaster implemented to curb the spread of the coronavirus cannot function above the Constitution.

28/04/2020

On 16 March, the University of Witwatersrand issued a directive in terms of which all its residences should be vacated and closed within 72 hours in response to the Covid-19 pandemic. Some students residing at these residences, however, contended that the University’s directive was a ‘negligent and reckless response to this pandemic’ and that 'such action poses a serious threat to life which offends against their justiciable rights protected under s 11 and s 27 of the Constitution'. They approached the South Gauteng High Court for an order in terms of which they would be thoroughly tested for Covid-19 before being sent home; alternatively, that they be allowed to remain in residence and self-isolate. Check out the full judgment and summary on SAFLII: https://bit.ly/2yOuOyP

17/04/2020

Important new judgment from the SCA: When sureties bind themselves as co-principal debtors, does the service of a summons on any of the sureties interrupt the running of prescription in favour of the others? The court a quo, the Gauteng Division of the High Court, Pretoria, answered the question in the negative. It upheld the respondent’s special plea of prescription and dismissed the appellant’s claim with costs. Aggrieved with that order, the appellant appeals with the leave of the court a quo.

Full judgment and summary: https://bit.ly/2xEi0uB

15/04/2020

https://m.fin24.com/Economy/South-Africa/just-in-reserve-bank-again-cuts-repo-rate-by-1-percentage-point-20200414

Tuesday's announcement was the second major cut in less than a month.

13/04/2020

Essential Service Business Certificate

Selected businesses which provide essential goods and services may be exempted from certain restrictions contemplated in the regulation issued in terms of the Disaster Management Act during the national lock down.

You can view the list and apply online at the following link:

10/04/2020

https://businesstech.co.za/news/finance/388669/new-rules-around-financial-relief-for-employees-in-south-africa-heres-everything-you-need-to-know/

One of the key measures that government is using to financially support employers and employees during the coronavirus lockdown is the Temporary Employee/Employer Relief Scheme (TERS).