It does not make any sense
A letter to employers from the National Employers Association of South Africa (NEASA)
The current relaxation of the current lockdown to Level 2 has developed the understanding that the worst part of the lockdown is behind us. This may normally be real, Level 2 limitations still seriously effect negatively on certain company sectors.
We [NEASA] share the view of legal professionals that the lockdown, even the portion of it that stays, is unconstitutional, unreasonable and unreasonable.
Basic to this view, is the unequal “liberties” offered to various sectors of society to congregate for both company along with pleasure. The following serve as examples:
- presence at funerals is limited to 50 persons, no matter the size and nature of the place;-LRB- .
- events of faith-based institutions are restricted to 50 persons (or less, depending on the size of the place of worship). This constraint, once again, does not acknowledge the size and nature of the location;-LRB- .
- conferences and conferences undergo an optimum of 50 persons, regardless of the size and nature of the place. It should also be kept in mind that conferences and meetings have been restricted to company functions only;-LRB- .
- cinemas, theatres, concerts and live efficiencies (all being leisure activities), are permitted but based on a constraint of 50 individuals, again regardless of the size and nature of the place;-LRB- .
- casinos, for some unbeknown factor, have a less restrictive constraint which authorises a maximum of 50 individuals per offered floor space;-LRB- .
- auctions have no particular restriction on the number of individuals participating in the occasion, no matter the size and nature of the venue;-LRB- .
- sporting activities, particularly industrial sporting activities, are not allowed any spectators/customers, notwithstanding the size and nature of the venue;-LRB- .
- wedding events are again subjected to a maximum of 50 individuals, regardless of the size or nature of the venue;-LRB- .
- social events at a home, despite the size or nature of the venue, is restricted to 10 visitors;-LRB- .
- gatherings at function places, however, are again restricted to 50 individuals, no matter the size and nature of the place;-LRB- .
- fitness centres and fitness centers, regardless their size and nature, are restricted to 50 individuals;-LRB- .
- bars, pubs and shebeens are restricted to 50 individuals, despite their size and nature of the location;-LRB- .
- accommodation services are however subject to a different criterium, because they are restricted to not more than 50%of the available flooring space in the establishment (with patrons observing a distance of a minimum of one and a half meters from each other);-LRB- .
- club organisations are not entitled to trade at all;-LRB- .
- busses and taxis, nevertheless, are permitted to operate at 100%of their capacity, regardless of the size and nature of the car; and
- companies, in basic, are allowed to have up to 100 employees present on a floor area, as long as there is adherence to social distancing.
There is no rational or reasonable basis to discriminate between the activities listed above. The illegality of the policies is apparent if one considers that:
- the goal of the policies is not the enforcement of social distancing and health, however an arbitrary limitation on the number of individuals present, regardless of the size or nature of the place and/or activity;-LRB- .
- particular business activities are enabled to operate at 100?pability, whilst others are forced to restrict their service to a maximum of 50 persons (despite the size of their organisation premises);-LRB- .
- these limitations unlawfully victimize various business and pastime, while offering significantly more liberties to certain other service and recreation (despite the fact that the limitation uses no real governmental function in combating the spread of the pandemic and is neither reasonable nor needed thinking about the present development of the pandemic);-LRB- .
- there is no equivalent application of legal concepts to service. The policies fail to think about or attend to the de facto position of the myriad of different services in the nation and seek to categorise them according to some prejudiced governmental category stereotype; and
- the constraint of rights is approximate considering similar limitations on other actives, incoherent in its formula, and prejudiced in its application. Most importantly, these limitations clearly provide preference to rights other than the rights being restricted.
We share the view that these limitations on company are ultra vires. The Minister of Cooperative Governance and Conventional Affairs (COGTA) has actually not been paid for the power to control the nationwide and basic conduct of business.
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