Absolute power needs to be nipped in the bud

There is a worry that our disaster situation can be repeatedly extended and that the temporary structures set up to deal with the emergency may continue to exercise their vast power over us.


When a country faces a crisis, there are certain legal justifications for emergency powers and for the restrictions on some human rights that these often entail. South Africa is no exception and citizens should accept the loss of some freedoms for the greater good. However, there is a worry that a disaster situation, such as we currently face with the coronavirus, can be repeatedly extended and that the temporary structures set up to deal with the emergency may continue to exercise their vast power over us. Those are the concerns expressed to President Cyril Ramaphosa by two advocates, who believe…

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When a country faces a crisis, there are certain legal justifications for emergency powers and for the restrictions on some human rights that these often entail. South Africa is no exception and citizens should accept the loss of some freedoms for the greater good.

However, there is a worry that a disaster situation, such as we currently face with the coronavirus, can be repeatedly extended and that the temporary structures set up to deal with the emergency may continue to exercise their vast power over us.

Those are the concerns expressed to President Cyril Ramaphosa by two advocates, who believe the National Command Council (NCC) – about which very little is known by the public – can, in effect, become a mini-dictatorship without democratic accountability.

This is something which has been worrying many since the imposition of the disaster regulations and, specifically, as it relates to illegal actions taken to enforce these new rules.

The lawyers are concerned that the NCC is usurping not only the powers of the executive (and full Cabinet) but also may be sidestepping parliament, which has a critical oversight role.

President Ramaphosa needs to assure the country that these measures will be done away with at the earliest opportunity.

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