Chief Justice Mogoeng Mogoeng encourages people to legally challenge lockdown laws

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Chief Justice Mogoeng Mogoeng encourages people to legally challenge lockdown laws
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He says he is deeply worried about the impact of Covid-19 on South Africa.

Chief Justice Mogoeng Mogoeng says the lockdown and state of national disaster implemented to curb the spread of the coronavirus cannot function above the Constitution.

Mogoeng said this was why he did not agree with the view that courts should have been shut down during the early phase of the nationwide lockdown because people should have the option to challenge any violation of their rights during this period. Mogoeng said while he does not align himself with the president, he has long maintained that citizens must rely on the courts if they believed government was infringing their rights.

Mogoeng said Covid-19 and the related lockdown have made a bad situation worse in the judiciary, with cases piling up. He said for many years he has been pushing for a court modernisation along the lines of the SA Revenue Service . “And the challenge is we really aren’t able to plan effectively around the lockdown because we don’t even know when it’s going to end. We don’t know when phase two is going to kick in, Level 3. And how long that is going to allow the courts to function particularly where it matters the most, at the magistrate’s courts and the high court and the courts of equivalent status,” he said.

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