Author(s): Jemigho Phillip Esavwede, Ulisan Mogbitse Ogisi
This paper investigates the legality as a result of the COVID-19 lockdown on movement restrictions in Nigeria and South Africa, according to the laws and measures enacted and carried out by both countries in response to the COVID-19 outbreak, which violated the fundamental right to free movement guaranteed by the constitution. According to the constitution, deviation from observance of this right can be limited under enabling provisions of the law in certain circumstances, for example, when it is in the best interests and safety of the public. It specifies that the use of enabling legislation was justified in both jurisdictions, except in cases where individuals’ liberties were grossly violated by overzealous law enforcement officials enforcing the provisions of law, thereby committing blatant violations of human rights that resulted in harm or death of persons.