Covid-19 Regulations vs Students: A Critical Analysis of Judgment in Leave to Appeal. By Thabo Nongogo BA(Law)(English Lit) UCT
On 4 August 2020, the Western Cape High Court, in Cape Town, South Africa (the Cape High Court), granted leave to appeal to the Supreme Court of Appeal, the second highest court in the South African hierarchy of courts.
The Cape High Court comprised two Judges. Reading the judgment, one got a sense that there was no appetite to grant leave. Extraordinarily, in a 43-paragraph judgment, it only emerges in paragraph 41 that leave may be granted.
This is an analysis of the judgment by a recent BA(Law) graduate student from the University of Cape Town. He laments the judgment as an opportunity lost to dealing with procedural and substantive rationality from a constitutional perspective, and hopes that the SCA gets to grips with that question.