Dec 9, 2021

Mawazo Writing Africa

Writing about the main

Temporary ban on faith-based gatherings ‘rational, reasonable and justifiable’, court hears

The ban on religious gatherings due to the promulgation of regulations to contain the spread of Covid-19 in December 2020 and January 2021 was sensible, reasonable and justified.

The ban on these gatherings was not in the religious beliefs of people intervening, and the regulations only temporarily banned faith-based gatherings in a physical setting.

These were some of the submissions from Rusty Mogagabe SC, an advocate of cooperative governance, and Minister for Traditional Affairs (Cogta) Nkosazana Dlamini -Zuma, on Wednesday before the Johannesburg Supreme Court.

Mogagabe responded to arguments made on Monday and Tuesday by lawyers from four organizations in support of their requests for the repeal of the regulations.

The organizations also requested an injunction declaring the regulations unconstitutional.

As a Mogagabe responded on Tuesday afternoon he argued that the motion was controversial because the challenged regulations have now been replaced by regulations that allow faith-based gatherings.

On Wednesday, Mogagabe said in her affidavit in court that the minister was considering real scientific Data indicating a reduction in Covid-19 infections and which must open up the economy, the provisions of the Civil Protection Act were changed from time to time.

The minister had said that when applying the risk-adjusted strategy, the activities were outlined that can take place during various lockdown levels, the aim was to flatten the curve and contain the spread of the coronavirus in order to save lives and livelihoods.

She said the strategy depends on the scenario on the ground in terms of an increase in the number of infections, the ability and capacity of healthcare facilities to deal with infections in hospitals and the number of hospital admissions for infections in private and public hospitals.

“The government is deciding to adjust these alert levels. This adjustment is not mechanical behavior on the part of the government and the minister, “said Mogagabe.

” It is influenced by these factors as well as advice and recommendations from the National Coronavirus Command Council. “

The matter continues.