We Shall not Obey the Unconstitutional and Invalid Lockdown!

We at Liberty Fighters Network (LFN) have so much sympathy for your predicament in relation to mask-wearing and all other irrational measures. Especially in relation to our children, where we believe that forcing our children to wear masks against their will constitutes child abuse as per the Children’s Act, 2005 (Act No. 38 of 2005) – see definition of “abuse”.

The fact is that the Government and all its departments have been violating our High Court order since 24 June 2020, when the very Court order declared ALL COVID-19 measures as unconstitutional and invalid on 2 June 2020.

Most people wrongfully assumed that this Court Order was suspended when Minister Dlamini Zuma entered her appeal against it.  Coincidentally, all Government legal experts preaching that this Court order would not pass an appeal (like Prof. Piere de Vos and Adv. Thuli Madonsela) apparently forgot that the Constitutional Court in Minister of Health & Another v New Clicks SA (Pty) Ltd & others [2006] JOL 17488 (CC) – see specifically para. 16 & 20 – ruled that the declaration of constitutional invalidity of regulations (like the Disaster Management Act Regulations) is not suspended pending an appeal unless the Court which has granted such an order suspended it on the application pending the appeal. This New Clicks Constitutional Court case can be downloaded hereunder…

The Court order did suspend the operation of its effect in terms of paragraph 3 thereof by having afforded 14 days to the Minister to rectify the issues with the regulations and, if she required more time, she had to obtain permission by way of application from the Court to afford her more time. The latter never happened and she incorrectly assumed that her appeal would have stopped the operation of the Court order, which was clearly wrong. It should be logical that a Court order can’t be suspended at a time the order was initially suspended by the Court – there could not have been a suspension upon a suspension.

This Court order is valid as the proceedings before the Supreme Court of Appeal were invalid and of no legal consequence currently dealt with by the African Commission on Human and Peoples’ Rights (ACHPR); however, because the Court order, in any event, came operational on 24 June 2020 declaring the complete set of Disaster Management Act Regulations as unconstitutional and invalid, there simply are no more regulations and can’t even be revived anymore.

Just for the record, Adv. Wim Trengove SC who is the counsel for the Minister, was the one who successfully argued the New Clicks case for his very clients (see the bottom of that judgment). Therefore, if the Minister says that she never knew that her regulations were null and void, she would then be lying. The Government intentionally enforced these totally invalid regulations against us all for a year now. If there were no regulations to add or amend to, logically all changes to these invalid regulations since 24 June 2020 would have been invalid and of no force or effect.

The fact that even though the COVID-19 tests were part of those invalid regulations, the Government had been illegally relying on these tests in order to declare COVID-19 cases. Thus, legally, South Africa had absolutely zero cases of COVID-19 since 24 June 2020 and therefore there could not have been any reason to keep on extending the national state of disaster.

LFN had been struggling to get the message to all South Africans that the Government had been deceiving everyone into believing that these COVID-19 measures (contained in Chapter 2 of the 29 April 2020 set currently unlawfully enforced) are legal. Unfortunately, we had been blocked by the mainstream media and social media platforms to spread the word. This task was very difficult and slowly but surely more people started to realize that COVID-19 is possibly a complete scam. Sadly, many had been traumatized by the death of loved ones claimed to be due to COVID-19. One day the Government and all those who ran with this deceitful occurrence will have to explain to everyone why this happened and why they were enforcing it.

For example, one of our members reported an incident, and I saw the report myself, where his brother was shot 10 times and was killed, but the Government reported his death as COVID-19 on his death certificate.

LFN has a 100% success rate opposing all criminal prosecutions relating to COVID-19 measures referred to us. Once anyone relies on the Court order dated 2 June 2020, the State cannot prove the intent required for a beyond reasonable doubt finding, and then the NPA is forced to withdraw all those charges. Once withdrawal of charges occurs, LFN assists these people to institute damages claims against the State for unlawful prosecution – some of our members have now reported their third damages claim with us against the State. As far as we could establish, not even one person since the inception of the national state of disaster was successfully trailed for contravening the COVID-19 measures. The Government creates fear among our people that thousands were “found guilty” of contravening these measures, however, those statistics relate to the ignorant among us who paid admission of guilt fines. Anyone who proceeded to defend him/her against COVID-19 charges was met with charges being dropped.

There is an unnecessary fear among the people about COVID-19 caused by the Government and supported by mainstream media. For example, one of our supporters has a large workplace employing around 80 people. For more than 6 months this workplace has not enforced any of the invalid COVID-19 measures and relied on our Court order whenever law enforcement stopped by. Miraculously this workplace had zero incidents of COVID-19 and seems to have found the cure to COVID-19 in the process. Could COVID-19 be most common among large businesses that illegally force testing and those who have medical aids? Not surprising that Discovery Health reported that their COVID-19 claims averaged R84000 per incident. Before COVID-19 people still got the Flu until the latter disease was incredibly cured last year with only one case reported in Gauteng At one point, people only visited their medical practitioner to get a medical certificate for their employer for a few days they were off from work sick with the Flu without much money to be scooped by the medical industry – staying in bed and taking Vitamins B and C with an occasional Disprin, was the treatment. However, today COVID-19 made several medical practitioners much richer, not even talking about the pharmaceutical industry.

Each person should decide whether he/she wants to wear a mask and adhere to these unconstitutional COVID-19 measures or not. Those who still fear COVID-19 irrespective of the overwhelming evidence that it’s a possible hoax and maybe the new name for the seasonal Flu should be safe if they believe that wearing a mask and getting the vaccine, will keep them from harm’s way. However, they should not be allowed to force others to wear their fears.

Also, if taking the vaccine results in one still wearing a mask and adhering to social distancing, the possibility is there that the vaccine is not working because the whole COVID-19 occurrence had been planned.

What about the 19 February 2021 Court judgment? Didn’t it override the 2 June 2020 Court order?

No. That judgment related to our Contempt of Court application against the Minister. It had nothing to do with “appealing” or “rescinding” the 2 June 2020 Court order which orders are currently before the ACHPR.

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