Article by: Emma Clayfield
The DA has filed court papers at the Western Cape High Court seeking to have the lockdown regulations, which are prohibiting personal care services from operating to be declared as unconstitutional and invalid.
The Democratic Alliance is in an urgent court bid over regulations governing hairdressers,l and personal care services.
The political party said it was cornered that these industries were unfairly suffering as they were unable to operate.
It had written a letter to Cooperative Governance and Traditional Affairs Minister Dr Nkosazana Dlamini Zuma seeking an explanation on the further ban on the industry with a deadline of June 3.
The party said since the minister had failed to respond on the given deadline, there was no choice but to approach the courts.
“The DA, therefore, has been left with no choice but to take this legal step to save the livelihoods of hundreds of thousands of people who have suffered at the hands of this government that does not care about them, and could not be bothered to provide any reasons for their hardship. We also believe that it is simply unjustifiable that almost every other industry is allowed to operate subject to health projects except the personal care industry.
“The DA further believes that the Ministers indefinite “ban” violates section 22 of the Constitution which allows citizens the right to practice their trade, occupation or profession freely which may be regulated by law,” the party said on Monday.
The legal challenge would focus on the constitutional right for trade which the DA claims were being impeded by the indefinite lockdown.
“In our papers, we have argued that the blanket prohibition on the entire personal care industry is irrational and arbitrary which is prohibited from operating indefinitely, subject to the whims of some unidentified Minister that should provide “directions” for the industry. This ban, therefore, cannot be considered constitutional if the ‘regulated law’ undermines a person’s right to trade indefinitely,” the party said.
“Closing this industry does not stop people getting haircuts, piercings or tattoos. It stops people keeping a roof over their heads and food on the table. After more than two months of lockdown, any continued prohibition would require the most compelling justification”. – Democratic Alliance
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