TO: THE REGISTRAR OF THE ABOVE MENTIONED HONOURABLE COURT, AND TO: THE ...
IN THE HIGH COURT OF THE REPUBLIC OF SOUTH AFRICA (GAUTENG PROVINCIAL DIVISION, PRETORIA) CASE NO : _1357_/2021
IN THE MATTER BETWEEN :
HOLA BON RENAISSANCE FOUNDATION
APPLICANT
AND
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
1ST RESPONDENT
MINISTER COOPERATIVE GOVERNANCE AND
TRADITIONAL AFFAIRS
2ND RESPONDENT
MINISTER OF HEALTH
3RD RESPONDENT
MINISTER OF FINANCE
4TH RESPONDENT
SOUTH AFRICAN MEDICAL RESEARCH COUNCIL
5TH RESPONDENT
TABLE OF CONTENT
TO: THE REGISTRAR OF THE ABOVE MENTIONED HONOURABLE COURT,
AND TO: THE PRESIDING OFFICERS OF THE ABOVE MENTIONED HONOURABLE COURT,
AND TO: COUNSEL FOR THE RESPONDENT,
INDEX
Caseline NO
001
002
003
004
DESCRIPTION
Notice of Motion HBRF Founding Afdidit of HBR Notice in Terms of Rule 16A Notice In terms of Rule 41A
Availabl e
No of Pages
9
101
7
3
005
Supporting Annexures
006
Index ind Tible of Content
Total
2126 17 2263
TABLE OF CONTENT OF THE FOUNDING AFFIDAVIT
TITLE
PAGE's
A) PARTIES
A1) HBRF
- 2
A2) PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
-3
A3) PRESIDENT CABINET has twenty eight (28) Ministers including -3
7.1 COOPERATIVE GOVERNANCE TRADITIONAL AFFAIRS (COGTA)
? the 2nd Respondent :
-3
7.2 MINISTER OF HEALTH ? the 3rd Respondent :
-3
7.3 MINISTER OF FINANCE - the 4th Respondent :
-3
A4) SOUTH AFRICAN MEDICAL RESEARCH COUNCIL ?
the 5th Respondent
-4
B) NATIONAL DISASTER MANAGEMENT
-4
B1a) Section 9 - National Disaster Management Centre
-4
B1b) Section 15 - General powers and duties of National Centre
-5
B1c) Section 23 - Classification and recording of disasters
-6
C) SUMMARY HISTORY OF THE CONSTITUTION OF THE REPUBLIC OF SA -7
D) INTRODUCTION
-10
E) JURISDICTION AND STANDING
-20
F) THE ISSUES TO BE DETERMINED
-21
G) RELIEF SOUGHT
-25
PART A:
-25
PART B:
-29
H) INTERESTS OF JUSTICE
-28
I) SEMI URGENCY OF THE MATTER
-33
J) THE CONSTITUTIONAL MATTER RAISED IN THE DECISION
-41
K) INTERNATIONAL LAW:
-46
PART XX: LEGAL SUBMISSIONS
-48
-
L) UPHOLDING THE CONSTITUTION
-48
M) UNCONSTITUTIONAL AND LIMITATION OF THE FUNDAMENTAL RIGHTS-49
N) INJUSTICE, AND DISCRIMINATION OF THE SOUTH AFRICANS
-52
O) PRESIDENT ANNOUNCEMENT ON 24 MAY 2020
-55
i) HOTSPOTS COVID19 VS TB
-55
P) ON CLASSIFICATION OF THE NATIONAL DISASTER
-56
Q) PARLIAMENT VIRTUAL SITTING
-62
R) HEALTH & DEATH COVID19 RELATED
-65
i) Guidelines of Death by Covid 19 ?
-65
ii) Lessons learned by the Minister of Health on Covid19 ?
-66
iii) Unexplained Death by National Organization of Rare Disorders ? -66
iv) Covid19 vs TB, SARS, HIV/AIDS, Influenza ?
-67
iv) Mortality rate ?
-67
v) Death comparison
-67
vi) Death due to Covid19
-68
S) STATE ACKNOWLEDGES COVID 19 IS NOT A THREAT
-68
T) DECLARATION OF THE NATIONAL STATE OF DISASTER
-69
U) STATE FAILURE ON COVID 19 SOCIAL RELIEF
(The OBJECTIVE TO SAVE LIVES )
-71
a) Social Relief on SASSA
-71
b) Social Relief on UIF
-71
c) Social Relief on Small business
-72
d) Social Relief of Sports, Arts
-72
e) Social Relief on Transport Sector
-72
f) Department of Justice role during Lock Down
-72
g) Department of Public Enterprise
-73
V) STATE FINANCE WRONGFULLY ALLOCATED:
- 73
W) STATES REPORTS RELEASED During COVID 19
-77
X) INTERNATIONAL ACKNOWLEDGES INCORRECT REPORTING on COVID19- 79
Y) STATE ACKNOWLEDGES COVID 19 IS NOT A THREAT
- 79
Z) SA COVID 19 Vaccine :
- 81
AA) PRESIDENT RAMAPHOSA VIOLATION OF THE CONSTITUTION
- 85
AB) GERMAN APPOINTS AN EXTRA PARLIAMENTARY ENQUIRY
- 87
AC) INTERNATIONAL UPRISE AGAINST LOCKDOWNS
- 87
AD) GLOBAL REPORTS AND/OR FINDINGS
- 88
AE) IN CONCLUSION
-92
TABLE OF ANNEXURES
ANNEXURE
NO
1
2
3
4
DESCRIPTION
HBRF CONSTITUTION Stite Of the Nition Address 2020 REPORTS ON CAMEROON STUDENT MINISTER FINANCE BUDGET SPEECH
Availa ble
No of Pages
23
41
16
28
Page Numbers
1-23
24- 64
65-80
81-108
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