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Deserted … except for the fishermen. This is what the pristine and beautiful beaches of the Garden Route will look like from now on.
- The district attorney’s challenge to have the Garden Route beach closure declared unconstitutional has failed.
- However, the visiting hours of the beaches of the rest of the province have been extended.
- DA leader John Steenhuisen said that while the ruling is respected, it is a “devastating blow” to the Garden Route economy.
The prosecutor’s challenge to the national government’s decision to close the beaches in the Garden Route district for the entirety of the holiday season failed in Western Cape Superior Court on Tuesday.
The district attorney asked the court to declare unconstitutional, illegal and invalid the regulation that closes the Garden Route beaches and limits the time the public can access the beaches of the rest of the Western Cape.
Arguments were heard on Monday, and on Tuesday the court issued a time judgment.
“While we are disappointed by the ruling in favor of beach closures, we welcome the modified hours of operation of the beaches that we have managed to change from 09:00 to 18:00, from 06:00 to 19:00” DA leader John Steenhuisen said in a statement.
He also welcomed that the court awarded 50% of the party’s expenses.
This ruling came as similar requests were being heard in Pretoria High Court on Tuesday.
People from all walks of life have taken to the streets in Plettenberg Bay to draw attention to the “economic disaster” caused by the closure of the Garden Route beaches. Https://t.co/80hUs6S2ZB
– News24 (@ News24) December 21, 2020
Steenhuisen said the Prosecution is still “deeply concerned that the total closure of Garden Route beaches during the holiday season will have far-reaching and devastating consequences for local economies and for livelihoods that depend on seasonal tourism during this time. “.
While we respect the ruling, we understand that this decision continues to be a devastating blow to the thousands of small businesses along the Garden Route, which are now at grave risk of collapse. This problem will not go away once South Africa emerges from the coronavirus pandemic. , and we cannot ignore the risk to livelihoods posed by many closure restrictions. “
He said the Prosecutor’s Office will continue to act in “the interests of the life and livelihood of South Africans.”
“South Africa’s response to the coronavirus must always take into account the delicate balance between lives and livelihoods. Our country cannot endure any regulation that damages the economy and alienates citizens from their means of earning an honest and safe living.” .
He said regulations imposed to mitigate the spread of the coronavirus must be within reason and supported by scientific and medical advice.
“Anything less is a reckless assault on the livelihoods of millions of South Africans in an economy that is already on its knees.
“The Office of the Prosecutor will continue to ensure that this balance is maintained and protected, and that the national government does not take the blatant liberty to dominate and command the lives of free individuals in a democratic society,” Steenhuisen said.
AfriForum and the Great Brak River Business Forum approached the Pretoria High Court with a similar request to have the beach-related regulations declared illegal and unconstitutional.
In her response affidavit, the Minister of Cooperative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma, argues that the beach closures are temporary and justified in the context of the second wave of Covid-19 infections, which is exacerbated by the fact that it is happening during the holiday. season.
Dlamini-Zuma argued that the rights to dignity and freedom of expression were not affected by the challenged regulations and, because the beach closures and limitations are temporary, they do not violate freedom of movement.
Regarding the right to freedom of trade, Dlamini-Zuma said the regulations do not infringe the right to choose a particular profession.
Regarding scientific participation in the decision to close the beaches, Dlamini-Zuma said that he contacted the Medical Advisory Council for their input and had identified different options.
– Additional reporting by Alex Mitchley
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