OPINIONISTA: Equal Education and Judge Potterill save children’s lives

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OPINIONISTA: Equal Education and Judge Potterill save children’s lives
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There has been much debate about the role of courts during Covid-19, with considerable criticism of the deferential attitude of the judiciary to the executive in the management of the pandemic. This case is a fine example where courts can and should intervene.

The government had lamentably failed the youth of this country and thereby had acted contrary to clear constitutional obligations imposed upon it. This was not a case where the court was faced with contradictory expert evidence as has been the case in many challenges to Covid-19 regulations. The court was required to be sensitive to the clear breach of the constitutional rights which have placed arguably millions of children in grave danger.

It is to the great credit of Equal Education, its counsel and Judge Potterill that the orders granted may well save many lives.

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