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A critical analysis of the Judgment in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020)  ZAGPPHC 184 (2 June 2020) with regard to the constitutional validity of both theÂ Â declaration of a state of national disaster and the regulations pursuant thereto.
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.
The disruption caused by the global COVID-19 pandemic will have dire consequences for SMME’s, especially in the franchise sector. Franchisors need to consider measures to enable their franchisees to continue trading as “smoothly” as possible once the lockdown measures have been relaxed, while franchisees need to be compliant with their franchise agreements before expecting to receive assistance.