The high court in Pretoria has dismissed with costs the DA’s application for leave to appeal its far-reaching ruling that “race, gender, youth and disability” must be taken into account in the awarding of state relief to businesses stricken by the Covid-19 pandemic — after finding it did not have a reasonable prospect of success in challenging the decision.

Judge president Dunstan Mlambo and judges Dennis Davis and Daisy Molefe on Wednesday suggested that the DA — by stressing that the Disaster Management Act did not explicitly require the government to consider SA’s historical inequalities in responding to disasters — was asking the court to approach the country “in a colour-blind fashion” that ran counter to the constitution.

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