It seems there is still no clarity on the sale of baby goods during the lockdown after an application to the Constitutional Court on the issue was dismissed as not being in the interests of justice.

The two NGOs that attempted to gain direct access to the top court, the Tebeila Institute of Leadership, Education, Governance and Training and the African Institute for Human Rights and Constitutional Litigation, were told the decision was taken in view of the facts that the regulations provided that essential goods already included baby products and because the NGOs had failed to try other options before approaching the highest court.

Government has clarified that ‘essential goods’ include baby clothes and blankets, according to a Mail & Guardian report.

Minister Ebrahim Patel has said ‘products for the care of babies and toddlers’ are already considered essential goods under the lockdown regulations'.

‘Following requests for clarification, we confirm that this provision includes baby clothes, blankets, towels and other essential accessories for newborns, infants and toddlers up to 36 months old,’ he said.

However, notes the M&G, it seems that only stores that are already allowed to be open to sell other essential goods will be allowed to open their aisles for baby clothes: ‘To ensure the effectiveness of the lockdown … all stores that are currently permitted to remain open for the sale of other essential goods, including supermarkets, may, therefore, sell these products.’

The statement does not clarify whether stores that sell only baby goods are now allowed to open.

Nor is it clear whether essential goods include car seats, prams and baby beds – some of the questions raised by the NGOs that approached the Constitutional Court.

Full Mail & Guardian report