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A few good men take on the entire government in the most critical court case in South Africa

Published 15 April 2022 at 09:37
A few good men take on the entire government in the most critical court case in South Africa
Yesterday, 14 April 2022, the Action 4 Freedom legal team, Attorney Naven Pillay and Advocate Sabelo Sibanda, took to court the 30-day comment period on the proposed amendments to the National Health Act, to have the court declare it ultra vires and invalid.

Why invalid?

It is our legal right to have a minimum of 90 days consultation. Our Constitutional Rights cannot be taken for granted.

What happened in court?

The Minister’s legal team only filed its opposing papers yesterday and it was only then that the Action 4 Freedom legal team learnt that the Minister had purportedly offered the nation 10 more days for comment (something that had already been announced on the news).

Initially, it seemed that the Judge wanted to throw the case out on technicalities but eventually, after Sabelo argued admirably, she seemed to realise the urgency of the matter and its critical importance to the whole Nation.

The Judge asked why the matter was filed so late without adequate time for the health minister to respond which those of us who were there felt was ironic, considering the whole case was about the limited time the public had been given to consult. The legal team stated that their approach to the court was obstructed, which also caused unnecessary delays to the case.

So, what about the 10-day extension, then?

Advocate Sabelo contested this 10-day extension saying the people of South Africa need the full 90 days, as guaranteed by the National Health Act and our Constitution, that give us the right to public participation on issues that affect the people.

Sabelo also raised the fact that this purported extension is also ultra vires and invalid, just like the notice that it was trying to extend.

When do we know more?

The matter was postponed to 26 April 2022, as the Judge indicated that the Minister’s legal team must be given a chance to properly consult, prepare and present the argument of why he is denying proper time to all of SA to comment on these draconian amendments which may further erode the freedoms of the people.

Will we have access to court?

The court case will be held online which means that the public will be able to watch. The is a miracle. The Judge has agreed for the link to be shared because it is of national interest and importance, and this will be done both on a local and international level.

What now?

Well, the Judge said that the Minister may not proceed with the processing of the regulations until the matter has been finalized. This is another miracle.

It’s a very big deal as it means they have ensured the Minister of Health cannot illegally make changes to the National Health Act that would have destroyed the future of every single one of us in this country.

It is important that we continue to stand together as a Nation and realise that these regulations will leave no one untouched.

Whether vaccinated or not, these regulations affect everyone equally. It is time for every one of us to unite and put a stop to medical tyranny.

This case is extremely important and those of us who were there felt positive — as if we were watching history in the making. The fight for the 90-day or more comment period is only the first step, but every step taken towards freedom and unity is a celebration.

The Action 4 Freedom legal team thanks everyone very much for all their prayers and support. And in turn, our huge respect and gratitude to Advocate Sabelo and the Action 4 Freedom team for all they are doing – for being David to the government’s Goliath. 

For more information, visit theredlist​.co​.za/​g​o​/​h​e​a​l​thact. You can also learn more about Action 4 Freedom and donate by visiting their website at action4free​dom​.com.

Keep commenting, South Africa!

At the end of the day, if this amendment to the Health Act is passed, we need to see huge numbers on Dear SA and Voluntary Associations standing against this, which can be used in the court of public opinion as well as in court action.

National Health Act Amendments: Make Your Voice Heard

Photographs courtesy Andrew Parker

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