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The Eastern Cape government has welcomed the decision of the Pretoria High Court to dismiss an application from the local DA-administered Kouga municipality to open beaches in the province. Image: iStock
NEWS
The Eastern Cape government has welcomed the decision of the Pretoria High Court to dismiss a request from the local DA-administered Kouga municipality to open beaches in the province.
This comes after the municipality made the provincial government’s decision to close the beaches to the courts to challenge their rationality.
Eastern Cape government spokesman Mvusiwekhaya Sicwetsha said the joint request from the local Kouga municipality, the Great Brak River business forum and businessman Louis Cook was nothing more than a political joke.
“The court’s decision affirms not only the constitutionality of our decision as a government to close our beaches to protect our people from contracting the virus, but it also sends a strong message to anyone who wants to undermine this decision.”
“Now that this matter is behind us, we will work together with all government institutions, including Kouga Municipality, and our social partners to keep our beaches closed so that we can continue to protect the people of our province.”
“We all have a lot of work to do in this regard and there is no time to waste on political jokes because [serve] the interests of our people. Let’s all protect the lives of our people and don’t try to play with them, ”said Sicwetsha.
I am convinced that any violation of rights is justifiable in terms of article 36 of the Constitution, and that the relevant decision is neither irrational nor illegal.
Judge Hans Fabricius
He warned the citizens who plan to meet next to the rivers, dams and streams of the province to refrain from doing so because these types of meetings are prohibited.
“Our law enforcement agencies will be watching for those who will gather by rivers, dams and streams,” he said.
Kouga Local Township belongs to Sarah Baartman District Township and has a 70 km coastline that includes Jeffreys Bay, St Francis Bay, Cape St Francis and Oyster Bay, as well as the inland towns of Humansdorp, Patensie, Hankey, Loerie and Thornhill.
The ruling has reaffirmed the Eastern Cape government’s decision to close all its beaches during the holiday season to mitigate the spread of Covid-19.
Read: DA in Eastern Cape heads to court to challenge beach closures
The province has been the epicenter of the second wave of infections, with the Nelson Mandela Bay metro and Sarah Baartman declared Covid-19 hotspots.
“… Another outcome would be, if the final injunction were granted, and knowing human nature too well, the public would flock to these areas and thus likely substantially increase the spread of the new wave of infections,” the judgment is read in part.
Judge Hans Fabricius said that the provincial government was guided by expert medical advice and opinions and that there was no doubt that the state has a constitutional obligation to protect the health of its citizens or residents.
Our law enforcement agencies will be on the lookout for those who will gather by rivers, dams, and streams.
Eastern Cape Government Spokesperson Mvusiwekhaya Sicwetsha
“The pandemic must be stopped or, at least, its spread limited by all legal and rational means. That is their role and only in exceptional circumstances will a court show no deference to decisions made on the basis of objective facts, i.e. the sudden increase in infections as a result of the virus likely mutating here and elsewhere in Europe. and based on the opinions of internationally renowned experts “.
“Hospitals are already overwhelmed, elective surgeries have been canceled, and now even the youngest people have been found to carry the virus. The government and its experts do not have all the answers; in fact, there is very little certainty about a number of facts, such as why the new wave has occurred so suddenly and why the new strain is more infectious. Experts around the world are puzzled by a number of issues and it would be extremely unwise to ignore the objective facts on the ground, “said Fabricius.
He said the applicants’ affidavits did not contain an expert opinion that contradicted the medical evidence presented by the government supporting beach closures.
Read: High court dismisses another attempt to reopen beaches along Garden Route
“The Prime Minister of the Eastern Cape [Oscar Mabuyane] wrote to the first respondent [Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma] recommending the closure of the Eastern Cape beaches, after consultation with all city mayors. Koga supported this decision, although he now refuses, ”Fabricius said.
The judge also dismissed the applications that sought to open the beaches along the Garden Route. He stated that the government was justified in making the decision it made under the circumstances.
“I am convinced that any violation of rights is justifiable in terms of article 36 of the Constitution, and that the relevant decision is not irrational or illegal,” Fabricius said.
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