Court orders that neither DSD nor SAPS may prevent food parcel distribution

Draft regulations that could have interfered with the providing of food to South Africa’s poor and needy may not be implemented. This was decided by Judge Robert Henney in the Cape Town High Court today (May 22, 2020).

Department of Social Development (DSD) Minister Lindiwe Zulu was instructed to notify all departmental staff members of the order made in favour of applicants, the Democratic Alliance (DA) and the 100 Women Trust, a non-profit organisation.

The so-called “food parcel case” resulted from a complaint instituted by the DA against the DSD. The DA had recently come across draft regulation proposals contemplating the restriction of food donations through lockdown directives.

The effects that this could have on private providers of cooked food donations to the poor and needy caused widespread upset.

The DA’s official complaint was filed by James Lorimer, Shadow Minister for Environment, Forestry and Fisheries. It stated that, if implemented, the draft regulations would result in soup kitchens and prepared hot meal schemes being halted.

The complaint also addressed existing rules such as charities having to apply for licences before distributing food. “Although the official position is that independent schemes may still operate, the rule under which such operations may take place are so difficult to comply with, they have had the effect of making operations impossible,” the complaint stated.

The above measures were announced pending court proceedings scheduled for June. Three deadlines were identified. On June 5, the department and applicants will have to file respective affidavits. Heads of argument will be exchanged on or before June 17.

This follows after SAHRC commissioner, Jonas Sibayoni, stated the following on live television last night: “The South African Constitution says that everyone has got the right to food. As such, nobody can intervene and prevent the provision of food.” He said that the Department of Social Development violated the human rights enshrined in Section 27 of the South African Constitution.

The DA has expressed its satisfaction with the outcome of today’s court proceedings. Federal chairperson Helen Zille has responded with a tweet urging South Africans to spread the word.

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