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AfriForum has filed court documents to challenge the new lockdown regulations that close certain beaches during the holiday season, arguing that it restricted basic human rights.
The civil rights organization and Great Brak River Business Forum jointly filed documents in North Gauteng Superior Court on Tuesday.
The regulations that AfriForum wants the court to declare unconstitutional relate to the closure of beaches in the Eastern Cape and Garden Route from December 16 to January 3 and the closure of beaches on peak holiday season days in KwaZulu-Natal.
Limiting access to beaches amounted to restricting a basic human right, the lobby group said in a statement.
“In terms of the constitution, a basic human right such as freedom of movement can only be restricted if it is, first, justifiable and, second, if it is supported by generally acceptable legislation. Therefore, the government cannot have different regulations for different beaches considering that it is not a legal principle with general acceptability. The civil rights organization agrees that mass gatherings on beaches should be prohibited, as no social distancing is maintained during these gatherings. ‘
AfriForum campaign manager Monique Taute said: “It is unconstitutional and discriminatory to close certain beaches given the enormous economic impact it will have on especially coastal towns, which have been suffering all year from the closure regulations. The December holiday is an opportunity to recover their economies to some extent and the closure of the beaches will cause immense and irreparable damage to the entrepreneurs of these towns.
“Visiting the beach is a form of recreation that takes place outdoors and people are exposed to the sun that contributes to a healthier immune system. The alternative is for people to turn to places like shopping malls and restaurants that have a much higher risk of spreading the virus, ”Taute said.
The Garden Route District Municipality is also considering a challenge to the beach ban, in addition to the prosecution that asked President Cyril Ramaphosa to explain the justification by the end of Wednesday or will face legal action.
Ramaphosa said in an address to the nation Monday night: “One of the biggest challenges we must face is the huge crowds that flock to beaches and recreation parks on holidays during the holiday season. We have consulted extensively on this issue so that we can find an approach that reduces the risk of large-scale transmission while limiting the negative impact on businesses in coastal areas. “
He added: “In the areas with the highest contagion rate, beaches and public parks will be closed during the festive season from December 16 to January 3. This will apply to the entire Eastern Cape, as well as the Garden Route District in the Western Cape.
“In KwaZulu-Natal, beaches and public parks will be closed on what are traditionally the busiest days of the season. These days are December 16, 25, 26 and 31 and January 1, 2 and 3 ”.
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