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11 Jun 2020

North Coast surfers fed up over prolonged ocean lockdown

Penny Fourier ( North Coast Courier) Picture: Surfers are being given conflicting advice about whether they should return to their beloved sport under level 3 legislation. Photo: Bevan Ainslie

Surfers are being given conflicting advice about whether they should return to their beloved sport under level 3 legislation. The confusion saw dozens of surfers and paddlers return to the water this weekend after more than two months of lockdown. Some sports, including fishing, have been allowed to resume as of June 1.  While level 3 legislation does not bar surfing, it only gives the go-ahead to professional surfers to get back in the water.  Local surfers told the Courier that the line between professional athletes and recreational athletes was a grey one.

Last Tuesday, the Gauteng High Court in Pretoria declared some regulations governing Level 3 and 4 as unconstitutional and invalid. Judge Norman Davis handed down the judgement ordering Cooperative Governance and Traditional Affairs minister Nkosazana Dlamini-Zuma to formulate changes to the regulations within 14 days. The existing regulations, however, remain in force until then. Likewise surfers question the risk they stand to each other if they are surfing or swimming. In the ocean surfers are always considerably more than two metres apart.

Judge Davis said restricting the right to freedom of movement in order to limit contact with others in order to curtail the risks of spreading the virus was rational, but to restrict the hours of exercise to an arbitrarily determined time period was completely irrational.  He said it could hardly be argued that it was rational to allow scores of people to run on the promenade but “were one to step a foot on the beach, it will lead to a rampant infection.”

While government officials deliberate over the details, it seems the small window of ambiguity is allowing surfers to get in some water time, whether or not it is legal.