Sipho Mabena
Premium Journalist
3 minute read
20 Jan 2021
4:55 am

Questions over constitutionality of state of disaster

Sipho Mabena

Under a state of emergency, the state could infringe people’s rights without any need for justification, says lawyer.

File picture. Cooperative Governance Minister Nkosazana Dlamini-Zuma. Picture: GCIS

The veil of secrecy under which government discusses and decides on the extension of the national state of disaster and the subsequent unilateral regulations have left experts worried as it does not bode well for democracy. While the national state of disaster, instead of a state of emergency, was a good call in response to the coronavirus pandemic, experts agree that bad implementation and a lack of oversight was disturbing. “We do sit with a problem; while the Disaster Management Act might be a good Act, the first problem is it is not properly implemented and there is no requirement...

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