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COVID-19 legal update banner Africa icon
Coronavirus (COVID-19)
ENSafrica.com | legal update
issue 8 | 09 Jun 2020

dispute resolution

South Africa: Pretoria High Court declares lock-down regulations unconstitutional and invalid

However, the state is about to appeal this judgment. In the meantime, here is a commentary on Judge Davis’ High Court ruling – by Aslam Moosajee and Joshua Davis (ENSafrica | Dispute Resolution).

South Africa: Issuing of process during alert level 3 of lockdown
On 2 June 2020, the Minister of Justice and Correctional Services issued directions to address, prevent and combat the spread of the Coronavirus (COVID-19) in courts during alert level 3. The annexure to these directions amends the position regarding the issuing of process. Most notably, the issuing of all court process in civil matters is now permitted. Aslam Moosajee and Vishana Makan (ENSafrica | Dispute Resolution) provide more information.

South Africa: The DA brings application to test constitutionality of the Disaster Management Act
The Democratic Alliance (“DA”) accepts that there are parts of the lockdown regulations that are sensible and an appropriate response to COVID-19. However, it is complaining about the lack of parliamentary oversight on how the Minister of Co-operative Governance and Traditional Affairs is using the legislation, and its main challenge is that the concentration of power that section 27 of the Disaster Management Act, 2002 places in the hands of the minister is unconstitutional. The DA is also asking for direct access to the Constitutional Court to hear its application. Aslam Moosajee and Shenaaz Munga (ENSafrica | Dispute Resolution) explain further.

employment

South Africa: Section 189 consultations in the context of the COVID-19 pandemic

Food and Allied Workers Union (“FAWU”) recently launched an urgent Labour Court application under section 189A(13) of the Labour Relations Act, 1995. It alleged that, in continuing section 189 consultation meetings via the Zoom videoconferencing facility (notwithstanding FAWU’s objections), South African Breweries had acted in a procedurally unfair manner. The Labour Court dismissed FAWU’s application and, in doing so, gave clear guidance as to what the “new normal” for section 189 consultations looks like. Click here for a summary of the judgment and a commentary by Brian Patterson and Shivani Moodley (ENSafrica | Employment).

mine and occupational health and safety

South Africa: Consolidated COVID-19 direction on health and safety in the workplace (for industries outside mining)

This was issued on 4 June 2020 by the Minister of Employment and Labour. The consolidated direction seeks to ensure, inter alia, that the measures taken by employers under the Occupational Health and Safety Act, 1993 are consistent with the overall national strategies and policies to minimise the spread of COVID-19. For more information, follow this link.

The South African Government is posting all legislative resources here.