Are fundamental human rights being eroded during the COVID-19 pandemic? A discussion of the Brits application

Abstract

The Constitution of South Africa’s (SA’s) ‘Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom’. Due to the current COVID-19 pandemic, many of the fundamental rights have been restricted. In the case of Brits v The President of the Republic of South Africa and Three Others, the applicant approached the court on behalf of the public with specific regard to fundamental rights, as provided for in s 33(2) of the Constitution, seeking transparent reasons for the alleged administrative decisions that the respondents took in light of the pandemic. The purpose of this article is to summarise the abovementioned case and to set out the rights allegedly infringed. Legislation will be discussed that regulates the event of a national disaster and whether decisions made by the respondent were justifiable.