cr~r., ACHPR
·
I African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
Decision of the African Commission on Human and
Peoples' Rights on Strike Out
Communication 795/22 - Liberty Fighters Network
and Reyno Dawid de Beer (represented by Reyno
Dawid de Beer) v. The Republic of South Africa
Summary of facts
1. The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat) received a Communication on 6 October 2021, submitted by the
Liberty Fighters Network and Reyno Dawid de Beer (the Complainants).
2. The Complaint was lodged against the Republic of South Africa (hereinafter
referred to as the Respondent State), a State that became party to the African
Charter on Human and Peoples' Rights (the African Charter) on 9 July 1996.
3. The First Complainant is Liberty Fighters Network, a common law voluntary
association, functioning as a non-governmental organisation registered in terms of
the laws of the Respondent State, and the Second Complainant is an adult male
citizen of the Respondent State. The Second Complainant is also the legal
representative of the association.
4. According to the Complainants, on 15 March 2020, the Minister of Cooperative
Governance and Traditional Affairs, Dr Nkosazana Dlamini-Zuma, declared a
national state of disaster after the emergence of the COVID-19 pandemic, in terms
of Section 27 of the Disaster Management Act, 2002.
5. The Complainants state that on 18 March 2020, the same Minister promulgated
the Disaster Management Act Regulations (hereinafter called the Regulations)
specific to the pandemic.
6. However, the Complainants allege that the Regulations
threshold, resulting in grave human rights violations.
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