Coronavirus COVID-19 News specific to South Africa

Jings

Jings

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Spizz said:
Crazy.

I walk my dog by a small out of the way beach in Vermont and it was quite busy this week. Kids on dinghy’s and searching the rock pools etc. How can this be prohibited when the malls are still open?
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The logic does seem to be failing because there's more risk of catching the virus indoors for obvious reasons.

Maybe government is concerned about shared toilet facilities.
 
biometrics

biometrics

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11 January 2021 Tourism and Events Update 2 of Today

PRESIDENT RAMAPHOSA TO ADDRESS THE NATION ON DEVELOPMENTS IN SA’S COVID-19 RESPONSE President
@CyrilRamaphosa
will address the nation at 20h00 today, Monday 11 January 2021, on developments in relation to the country’s response to the Coronavirus pandemic.
https://twitter.com/i/web/status/1348609842760585219


TO : ALL MEDIA
ATTENTION : NEWS EDITORS/NEWS WIRES
DATE : MONDAY 11 JANUARY 2021

PRESIDENT RAMAPHOSA TO ADDRESS THE NATION ON DEVELOPMENTS IN SA’S COVID-19 RESPONSE

President Cyril Ramaphosa will address the nation at 20h00 today, Monday 11 January 2021, on developments in relation to the country’s response to the Coronavirus pandemic.

The address follows meetings in recent days of the National Coronavirus Command Council (NCCC), the President’s Coordinating Council (PCC) and Cabinet.

President Ramaphosa also hosted a virtual engagement on Sunday 10 January 2020 between government and interfaith leaders on the COVID-19 Risk Adjusted Strategy which is an inclusive national effort that enables adaptive responses to the shifting pandemic.

This engagement focused on the unfolding pandemic in the country and on the continent, including efforts to secure vaccines for all.

The President’s address will be broadcast and streamed on a range of platforms that are accessible to South Africans and international audiences.

Media enquiries: Tyrone Seale, Acting Spokesperson to the President – 083 5757 440

ISSUED BY THE PRESIDENCY OF THE REPUBLIC OF SOUTH AFRICA

www.thepresidency.gov.za
 
GreGorGy

GreGorGy

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Düber said:
The tobacco case going on appeal has really mixed things up. I am no legal expert but I am pretty sure the judgement hits pause whilst there is an appeal active.
@GreGorGy what are your thoughts?
I have stock for until March but do think I should go shopping tomorrow morning.
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A judgement can be in part or completely suspended with an appeal (also, IANAL but maybe @Paul Hjul could weigh in here). They have two things against them: The unconstitutional ruling (although they have appealed) and the more important public consultation settlement. When they settled outside of court, they agreed to be bound by those conditions. Reneging would open them up to a world of hurt and instant expenses. And I suspect the legality of it would come into question: Their failure to abide by their own agreed conditions would make the continued sale legal, despite any emergency ruling to the contrary.

But these are red herrings: I suspect we have an appeal to protect the pride of an obviously ignorant minister who seems to be taking it personally. So let's waste very limited government funds on an appeal. That is a real slap in the face of every South African who has yet to receive a relief grant. And that is just the start of the utter disrespect the government currently has for its own citizens. It is disgusting.
 
biometrics

biometrics

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Maintain adjusted level 3.
Indoor & outdoor gatherings not permitted. Excl funerals, restaurants, museums, gyms.
Curfew 9pm - 5am.
Masks mandated.
No alcohol sales.
Beaches, pools, parks closed. Excl access controlled places.
20 ports of entry closed until 15 Feb, incl Beitbridge. Excl fuel transport, medical attention, SA nationals returning, diplomants, departure of foreign nationals, school pupils.
 
Düber

Düber

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It does seem that sanity has prevailed and CR does look calmer than he did last time.

The border closing sounds strange to me considering the exclusions. Sounds to me like business as usual.
 
Jings

Jings

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Düber said:
It does seem that sanity has prevailed and CR does look calmer than he did last time.

The border closing sounds strange to me considering the exclusions. Sounds to me like business as usual.
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How is alcohol getting through the borders now? Liquor prices going to go through the roof.
 
Düber

Düber

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Jings said:
How is alcohol getting through the borders now? Liquor prices going to go through the roof.
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Probably the same way it has always got through, although perhaps the "customs duty" has increased.
Freight is still allowed, residents and visa holders are still allowed and illegals won't even know the border has been closed.
 
biometrics

biometrics

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Overstrand active cases (Kleinmond, Hermanus, Stanford and Gansbaai)

27 Nov 41
29 Nov 64
7 Dec 98
9 Dec 122
11 Dec 138
14 Dec 207
17 Dec 287
18 Dec 314
21 Dec 376
23 Dec 481
24 Dec 559
28 Dec 661
30 Dec 623
31 Dec 748
4 Jan 733
6 Jan 678
8 Jan 734
11 Jan 507

Tourists have gone home?
 
P

Paul Hjul

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GreGorGy said:
A judgement can be in part or completely suspended with an appeal (also, IANAL but maybe @Paul Hjul could weigh in here). They have two things against them: The unconstitutional ruling (although they have appealed) and the more important public consultation settlement. When they settled outside of court, they agreed to be bound by those conditions. Reneging would open them up to a world of hurt and instant expenses. And I suspect the legality of it would come into question: Their failure to abide by their own agreed conditions would make the continued sale legal, despite any emergency ruling to the contrary.

But these are red herrings: I suspect we have an appeal to protect the pride of an obviously ignorant minister who seems to be taking it personally. So let's waste very limited government funds on an appeal. That is a real slap in the face of every South African who has yet to receive a relief grant. And that is just the start of the utter disrespect the government currently has for its own citizens. It is disgusting.
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Also IANAL...

Ja the situation around decisions of courts (and administrative bodies) taken on an appeal or review is pretty nuanced despite superficial simplicity. The CPA and related statutory measures on criminal matters are built on seeking to not effect a suspension whereas civil judgments are suspended in effect and cannot be executed on without a direction of the Court in appropriate circumstances. Ultimately it is almost always a case that whether the noting of an appeal will suspend or not suspend a judgment can be determined by the court itself with their being an automatic position (a decree of divorce for example by its core nature can't be suspended but the ancillary orders can and are) .
Okay so the Western Cape decision is in the territory of a judgment that would be suspended unless there is an intervention by taking a procedural reading of the Superior Courts Act. But now it gets interesting. The WC decision doesn't really have anything which it is doing as it is predicated on declaring something earlier done as unlawful. Some would argue that the Court shouldn't have decided the matter as it is "academic" or "moot" but as may be clear I certainly do not subscribe to such arguments in this sort of context.

So let's ask what was decided and what it means. The court decided as a finding of law and fact that the minister screwed up. Let's say the parties in this case now have other litigation such as a case for damages and let's assume ad arguendo that the Minister won, it would be highlyy improper for the booze industry to sue for damages and get a different decision. Phrases like res iudicate privity of parties and issue estoppel would be thrown about. But it's all down to a simple idea that courts don't like relitigating things decided.

So if the Minister were to now promulgate identical regulations that the court found irrational, she can't say "well I am appealing the decision so I don't have to give any countenance of what the court said" at most she can say the the order is not operational but this doesn't matter because it isn't operational to begin with. The Constitution enjoins following court orders on whom it applies but this is only the first leg it also enjoins respect for courts and rule of law and so on. The Minister trying new regulations would be trying to relitigate and force the appeal courts hand.

In my view any exercise of making a situation moot or noting an appeal to suspend an operative judgment in order to frustrate the administration of justice or respect for the rule of law invites rebuke from the courts. The SLA knows this so the prospects of mucking about is really slim.

As to the specifics of this issues while I concur that the appeal is grounded in protecting a dictator in waitings pride there is a legitimate case to make in appealing aspects of the decision (and the mootness issue).
So I wouldn't have a problem if the government noted an appeal, let an emerging junior (advocate who will soon take Silk) take a brief with specific instructions to deploy the "Biowatch" precedent to avoid taxpayer being landed with applicants costs.

What I have a problem with is the fact that this decision is being used as a smokescreen.
 
NObanana4you

NObanana4you

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biometrics said:
Overstrand active cases (Kleinmond, Hermanus, Stanford and Gansbaai)

27 Nov 41
29 Nov 64
7 Dec 98
9 Dec 122
11 Dec 138
14 Dec 207
17 Dec 287
18 Dec 314
21 Dec 376
23 Dec 481
24 Dec 559
28 Dec 661
30 Dec 623
31 Dec 748
4 Jan 733
6 Jan 678
8 Jan 734
11 Jan 507

Tourists have gone home?
Click to expand...
Good thing I moved away from Betty's bay
 
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