Recent articles

  • Enforcing the COVID-19 lockdown with drones
    Some countries seeking to enforce a coronavirus lockdown have considered the use of drones manned with loudspeakers and cameras to assist law enforcement officials impose the lockdown. The Financial Times recently reported that a police department in California plans to use two large drones for these purposes.
  • Human Rights during a state of Emergency
    The effect of a national disaster on human rights - The effect of the state of national disaster is to limit certain rights of all persons within the borders of South Africa as long as the limitation is justifiable in terms of the Constitution. It is therefore necessary to limit certain rights, e.g. the right to freedom of movement and residence to protect all persons. This amounts to a very careful balancing act in order to determine which rights should be limited for the greater good.
  • Public Procurement
    Covid-19: Public Procurement in the time of Covid-19 - An exposition of emergency procurement procedures governing the facilitation of emergency procurement; and combatting the avoidance of supply chain management system abuse in dealing with the disaster.  
  • COVID-19: Law in a time of lockdown
    While lawyers continue to provide advice, consulting and commercial services, the directives issued in terms of the Disaster Management Act will have a profound effect on some litigious matters and the way matters are handled in court, as they will restrict and limit access to courts and judicial functions.
  • Covid-19: To quarantine or not to quarantine citizens
    Desperate times call for desperate measures, as this analysis of the Regulations under which citizens, including medical doctors in some instances, can be compelled to be quarantined as distinct from being isolated, explains.
  • COVID-19: When is a Disaster a Disaster
    A comprehensive survey of the Covid-19 pandemic by Hennie Klopper in which he collates much of the facts and information on Covid-19  without attempting to necessarily create a strictly scientific basis for reviewing and solving the dilemma and problems that the pandemic has created. It is an exercise in appeasing a personal unease over the over-emphasis by the media and international governments of the pandemic and its projected effects and the manner that it is being dealt with.
  • Clinical Trials: A friend or foe
    Liability insurance in clinical trials is an indemnity covering the liability of an applicant for injury attributable to participation in the clinical trial. The loss covered includes that for medical treatment, and financial or other assistance necessary to adequately compensate participants for resultant impairment disability or handicap. When applying for a clinical trial to be approved, the applicant, the manufacturer, must submit evidence of comprehensive no-fault insurance. It seems that this measure is an adequate filter to avoid any company that may have nefarious intentions.
  • The Lockdown is Unconstitutional
    The regulations (meaning all of the regulations, all alert levels) are unconstitutional and invalid because they “in a substantial number of instances are not rationally connected to the objectives of slowing the rate of infection or limiting the spread thereof” and that, insofar as the regulations “do not satisfy the “rationality test”, their encroachment on and limitation of rights guaranteed in the Bill of Rights contained in the Constitution are not justifiable in an open and democratic society based on human dignity, equality and freedom”.
  • The Impact on Education in the time of COVID-19
    Insights on the regulations and directives the South African government and schools implemented to protect children’s rights to education under national lockdown.
  • Quo Vadis - De Beer Case
    A critical analysis of the Judgment in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2020] ZAGPPHC 184 (2 June 2020) with regard to the constitutional validity of both the  declaration of a state of national disaster and the regulations pursuant thereto.
  • Lockdown Declared Invalid
    Jason Manyenyeni  argues that the learned Judge erred in some principal and crucial respects in the case of De Beer and Another v Minister of Cooperative Governance and Traditional Affairs. A view which he contends is consistent with most of the views expressed by early commentators, and that the judgment is unlikely to pass the scrutiny of an appeal court.