DA wins first round in lockdown regulations challenge

The Constitutional Court has said that it will consider arguments in the DA’s application for direct access to challenge the Disaster Management Act in the highest court of the land.

President Ramaphosa and COGTA Minister Nkosazana Dlamini-Zuma are arguing that the DA should not be granted direct access. They are effectively seeking to delay an answer to the central question of whether the National Coronavirus Command Council (NCC) is legitimate.

South Africa’s fate is being determined by the NCC, a secretive council of questionable legitimacy that is making irrational decisions without executive oversight.

Government is effectively usurping the legislative role, thereby disregarding the separation of powers which is the foundation of a constitutional democracy. This is simply not in the country’s best interest.

If the Disaster Management Act does not meet constitutional muster, it means the decisions taken by the NCC under this Act are not valid.

This would include the ban on surfing, going to the beach and the right to buy cigarettes and visit family and friends.

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The NCC decision-making to date has resulted in one of the world’s longest and most irrational hard lockdowns.

This has destroyed millions of jobs and lives, thousands of businesses, and wasted billions in tax revenue, without managing to keep control over the spread of the virus. It has brought on the worst of both worlds – both health and economic disaster – and turned decent people into criminals.

This situation needs to end, and soon.

South Africa is in deep trouble. Let us hope that the Constitutional Court finds in the DA’s favour, and grants Suuth Africans access to challenge the Disaster Management Act.

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