Agreement Khosa

Sep 092021

[19] As I mentioned in my introductory paragraphs, an important factor emerged during the altercation that is also included in all affidavits when read together, that I and the lawyer were at the same time, that there was currently a great deal of mistrust between the South African people and the government. This mistrust mainly concerns the functions of the respondents and the way in which they treat persons throughout South Africa within the framework of the provisions of the Civil Protection Act. At present, the fear of the population is not only related to the fear of being infected with the virus, but also to the fear of what will happen after the cancellation of the national lockdown. It is clear (the lawyer in court admitted that a judge could read the newspapers to keep abreast of current events) that the current lockdown measures will lead to massive unemployment, with all its consequences, related to the inability to provide for the needs and income of each family. It is clear that thousands of small businesses are negatively affected and many of them will probably never be created again. Unemployment will worsen and many families, indeed most likely millions, will think about the future with great uncertainty and despair. In addition, both the Commissioner of the South African Tax Authority and the Minister of Finance have spoken to the public about the billions of rands lost every month, which I believe are not recoverable because of the lockdown rules, and the fact that thousands of companies have stopped. Of course, this has a snowball effect, as the state is deprived of revenue that it would receive through various forms of taxes. It is no exaggeration to say that the national psyche has therefore been negatively affected by the lockdown regulations. No one knows how to fix it and the public will not be told. I therefore felt, and the lawyer also accepted it, that the application should be seen in the light of the context that I briefly mentioned. I must point out that all lawyers agree on the need for a lockdown, and I must add that I share the same point of view, unless there are doubts about it. However, the public has the right to be treated with dignity and respect, whether rich or poor.

Section 7 of the Bill of Rights shows this more than clearly, and there is no doubt about it. They also have the right to human dignity and this right must be respected and protected, as section 10 of the Bill of Rights once again demonstrates. Similarly, the public has the right to life under Section 11 and no person has the right to liberty and security of the person, in accordance with the provisions of Section 12, which includes the right to be free from all forms of violence from public or private sources. and not to be treated or punished in a cruel, inhuman or degrading manner. Section 12(2) provides that everyone has the right to physical and psychological integrity, including the right to safety and control of his or her body. § 21 deals with the right to basic education and § 31 allows all members of the community to enjoy their culture, practice their religion, use their language and establish, join and maintain religious and linguistic associations in other organs of civil society. Section 35 deals with the rights of a person arrested, detained and prosecuted. . . .

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