The long-running dispute over Covid-19-related lockdowns continues at the country’s highest court next month. Picture Henk Kruger / Independent Newspapers
THE DA is continuing its fight against Covid-19-era lockdown regulations.
The Constitutional Court has set down the matter for next month.
The matter continues despite the Government of National Unity (GNU) arrangement in which the ANC is in coalition with the DA.
According to court papers, the DA states that the Disaster Management Act gives the government too much power.
The Cooperative Governance minister has too much power to drastically limit the basic rights of ordinary South Africans in every sphere of life.
”The Covid-19 lockdowns illustrated the breadth and intrusiveness of the powers,” the DA complained.
The party said at the time, the minister’s powers were not subjected to any input, approval, or scrutiny from Parliament before promulgating the Covid-19 regulations.
”This is unconstitutional. It fails to strike a proper constitutional balance between the roles of Parliament and the executive,” the DA complained.
The party also maintained that the Act was unconstitutional.
In its response, the government said the DA’s bid was a constitutional challenge to the Disaster Management Act.
”Section 27 is a singular statutory provision. It grants the first respondent (Cooperative Governance and Traditional Affairs minister) extraordinarily broad powers to make regulations and issue directions in response to a national state of disaster,” the DA complained.
It added that the minister can use these powers to significantly limit the basic rights of South Africans across various aspects of life.
”The Covid lockdowns illustrated the breadth and intrusiveness of these powers. Crucially, these powers are not subject to safeguards common in other legislation, in that,” the DA maintained.
According to the party, regulations do not need to be tabled in Parliament and the Act does not empower the National Assembly to veto the declaration of a state of disaster or any Section 27 regulations.
“This power fails to strike a proper constitutional balance between the roles of Parliament and the executive. By affording the executive this extraordinary power – without subjecting it to input, approval or scrutiny from Parliament – the section breaches the separation of powers, a fundamental constitutional principle,” the party stated.
The DA added that the pandemic was now (mercifully) over, together with the lockdowns.
But the Act remains unconstitutional, the DA insisted.
”It is necessary for this court to declare that this is so – before the next disaster occurs and the executive can again invoke extraordinary Section 27 powers without parliamentary oversight,” the party maintained.
loyiso.sidimba@inl.co.za
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