The high court in Pretoria on Tuesday struck off the roll an urgent application by AfriForum seeking an order declaring the night curfew unconstitutional.
The court found the application was not urgent.
AfriForum campaign manager Jacques Broodryk confirmed this in a post on Twitter.
1/2 The court has found that @afriforum 's case to have the curfew regulation scrapped, is not urgent and will be heard next year. The CCC can change the curfew hours to much stricter hours any time they feel like it and continue to cause extreme damage to the hospitality and
— Jacques Broodryk (@JacquesBroodryk) December 14, 2021
AfriForum's view was the curfew — between midnight and 4am — and the six months criminal sanction that can be imposed for violating it were irrational, illegal and unconstitutional and should be reviewed and set aside.
In its heads of argument, AfriForum said it was not challenging the lockdown, the Disaster Management Act, nor the minister of co-operative governance and traditional affairs' reaction to the pandemic. It was merely challenging the curfew.
“The festive season is of paramount importance in the annual financial cycle of business along the coast. The curfew places a burden on them by restricting their trading hours. This is particularly severe for bars, taverns and nightclubs that would typically trade after 11pm,” the organisation argued.
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