In a judgment of 4 May 2022, the Western Cape High Court in South Africa, dismissed an appeal filed by an association for the protection of constitutional rights and freedoms against the Department of Health, seeking a declaration for the invalidity of the legislative procedure for the management of COVID-19, that replaces the emergency regulations.
According to the new regulations, in force since midnight on 4 May 2022, the strategies on the compulsory wearing of masks, restrictions on curfews and gatherings in public places and during funerals have been redefined; there is also the possibility for the State to subject people to medical tests and the obligation to spend quarantine in health facilities.
In particular, the plaintiffs had filed an urgent request complaining about the available time for notice and comment on the draft regulations (30 days instead of three months. The court held that the National Health Act provides for no consultation at all in some cases, and for flexible deadlines for consultations. Therefore, the court rejected the claim.