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A lawsuit filed by Afriforum and the Great Brak River Business Forum, contends that the regulations infringe the rights of local business owners.
- A court request to reopen the Garden Route beaches has called the restrictions “draconian.”
- The restrictions could irrevocably damage the local economy, which depends on seasonal tourists, argue the affected parties.
- The Garden Route Municipality is pushing for the restrictions to be removed or lowered to match those of KwaZulu-Natal.
The regulations to close the Garden Route beaches are “draconian” and illegal, local business owners will argue in court.
A lawsuit filed by AfriForum and Great Brak River Business Forum, contends that the regulations infringe the rights of local business owners.
President Cyril Ramaphosa announced on Monday the closure of certain public beaches and parks during the holiday season due to Covid-19. The closure applied to all beaches in the Eastern Cape and Garden Route, while in KwaZulu-Natal, the beaches would be closed on what “traditionally are the busiest days of the season.”
READ | Beach closures: Ramaphosa, Dlamini-Zuma face a fight over Garden Route beach closures
In a notice of motion filed in the Gauteng High Court in Pretoria on Tuesday, the business forum and AfriForum stated their intention to have Regulations 69 (12) (a), (b), (c) and (d) amended. of Covid-19. ) declared unconstitutional.
The beaches, a ‘pillar of the tourism industry’
In his founding affidavit, Great Brak River Business Forum President Willem de Wet said that Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma did not provide substantial reasons for her decision to close the beaches, as well as the evidence on which it was based.
The closure has already had a devastating impact on the economy and limiting economic and tourist activity on the Garden Route would likely exacerbate this, De Wet argued.
“The Garden Route tourism, travel and lodging industry relies heavily on the tourist peak season – that is, the December holiday season – each year to provide the financial blessing required to sustain those businesses for the rest of the year, “he said. .
The tourism industry depends on visitors enjoying local beaches and the removal of this “mainstay of the tourism industry” is likely to have a major impact on the local economy.
“Another characteristic of the tourism industry in the Garden Route districts is the seasonality of such socio-economic activity. This creates a situation where the industry is almost completely dependent on and dependent on the sharp increase in business and income during the holiday season. year-end period, “he said.
‘Arbitrary and irrational decision’
De Wet referenced some guesthouses that generated 25% of annual revenue in the month of December and others that had already seen a 40% cancellation on reservations for the holiday season.
Garden Route Township Mayor Memory Booysen said the economic effects of the beach closures have already been felt, with businesses experiencing cancellations “within hours” of the announcement of the beach closures.
He said:
“Many companies have already downsized and this affects seasonal job creation. Some of the SMEs will never recover; this has taken a toll on our economy.”
Booysen said the municipality has requested that the closures be lifted or given the same restrictions as KwaZulu-Natal.
“We have longer and wider beaches than those in KwaZulu-Natal, which will make it easier to comply with social distancing,” he said.
“We did not expect to have the beaches closed. We are ready to attend to visitors and our health facilities are ready. We are open for any eventuality.”
In a lawyer’s letter to Ramaphosa and Dlamini-Zuma, the prosecutor urgently requested the reasons for the decision to impose a blanket closure for the Garden Route, rather than a nuanced approach for KZN. A response was requested before 17:00 on Wednesday. Court action could follow, if no response is provided.
De Wet believed that beach closures infringed on the rights of local businessmen and their employees.
“Applicants and individuals or entities with an interest in the decision to impose beach closures in the Garden Route District have been subjected to a draconian and inconsiderate process, which has overlooked and ignored the less restrictive means that should first have been considered by Minister Cogta, “he said.
“The fact that the Cogta minister and the government have not done so further tarnishes the legality and legality of the decision, and makes the decision arbitrary and irrational.”
He added that security measures such as sanitation and social distancing that had proven effective in reducing the spread of the virus were already in place in the area.
“If the regulation in question is not declared unconstitutional, illegal and invalid, and set aside, the consequence of the state of disaster will also result in the closure of many companies and commercial entities, many of which are small or medium-sized companies, local business ventures. Previously disadvantaged operations, all of which contribute, in a small part, to the treasury of this country ”, he said.
