Court bans government from forcing those who test positive for coronavirus to quarantine


In the second court defeat in as many days, government has been prohibited from forcing those who test positive for Covid-19 into state quarantine facilities.
The North Gauteng High Court has issued a court order prohibiting government from forcing those who test positive for Covid-19 into state quarantine facilities if they are able to self-isolate.

The case was brought by AfriForum against Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma, and is the second case in two days rendering regulations proclaimed by the minister to be illegal.

The application referred to regulations 6 and 7 of the regulations published by Dlamini-Zuma on 29 April, which allowed government to force a positive patient into a state quarantine facility.

The court has now, however, said that a person is “only required to be quarantined or isolated at a state facility, or other designated quarantine site; when that person is unable to self-quarantine or self-isolate, or refuses to do so, or violates the self-quarantine or self-isolation rules.

Additionally and according to the judgment, in order to successfully self-quarantine or self-isolate, a person requires access to a separate room where the person should self isolate. No one else must sleep in or spend time in the designated self-isolation room.Lastly, the order dictates that the person must be able to contact or return to a health facility if their condition worsens.

AfriForum’s Ernst Roets described the ruling as a “a big win for justice and freedom”.

Government’s power to force people into state isolation facilities got plenty of criticism, when two Limpopo-based doctors were forced to leave their home where they were self-isolating and be quarantined at the TB Hospital in Modimolle after testing positive for Covid-19 in April.

More to follow.


– The Citizen

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