Restrictions on Freedom of Religion in the Time of National Disaster—Lessons from Mohamed and Others v President of the Republic of South Africa and Others

Angelo Dube
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Abstract

In late 2019, reports of a novel influenza-like virus emerged from China, whose Province of Wuhan was severely affected. It was not until February 2020 that the World Health Organisation was able to give this virus the name Covid-19. At that stage, the world was clearly dealing with a pandemic. Governments worldwide, including the South African government, responded by declaring a state of disaster and imposing restrictions on travelling and public assemblies. After declaring a state of disaster, the government promulgated the lockdown regulations, which prohibited, amongst others, congregating for religious purposes. A group of adherents of the Islamic faith felt aggrieved by these regulations, alleging that they were irrational and unreasonable, to the extent that they unfairly limited their freedom of movement and religion. They launched a constitutional challenge in the High Court in the case of Mohamed and Others v President of the Republic of South Africa and Others. In casu, the court had to deal with the novel issue of the limitation of rights in the context of a pandemic, as well as the rights of religious minorities.
国家灾难时期对宗教自由的限制--从穆罕默德等人诉南非共和国总统等人案中汲取的教训
2019 年底,中国报告出现了一种新型流感样病毒,武汉市受到严重影响。直到 2020 年 2 月,世界卫生组织才将这种病毒命名为 Covid-19。在这一阶段,世界显然正在应对一场大流行病。包括南非政府在内的世界各国政府做出了反应,宣布进入灾难状态,并对旅行和公共集会实施限制。在宣布灾难状态后,政府颁布了封锁条例,除其他外,禁止为宗教目的集会。一群伊斯兰教信徒对这些条例感到不满,声称这些条例不合理,不公正地限制了他们的行动和宗教自由。他们在高等法院的 Mohamed 等人诉南非共和国总统等人一案中对宪法提出了质疑。在该案中,法院必须处理在大流行病背景下限制权利以及宗教少数群体权利的新问题。
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