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Freedom Front (FF) Plus intends to file an urgent application with the Gauteng High Court in Pretoria to challenge the validity of the National Disaster Management Law and request a finding that the government is abusing the Law, which it will mean that the announced state of disaster and associated regulations are unconstitutional.
According to party leader Pieter Groenewald, the balance of public interest between halting the spread of the virus and unlocking the economy to prevent the loss of livelihoods and, subsequently, loss of life, should come into play.
“Currently, the draconian regulations imposed in the country are not taken into account,” Groenewald said Thursday.
“The blockade and associated regulations have already served their purpose of flattening the infection rate curve to allow health services time to prepare for a possible large Covid-19 outbreak.
“President Cyril Ramaphosa, the government’s chief health adviser, Professor Salim Abdool Karim, and Health Minister Zweli Mkhize have repeatedly stated that we have already reaped the benefits of the blockade,” Groenewald said.
DA is also addressing the court
On Thursday, the district attorney also said he was taking the government to court in two separate cases that challenge the validity of some aspects of the national closure, including the military-imposed night curfew, the ban on e-commerce, and the exercise hours restriction. News24 reported.
“It is our opinion, and it is the opinion of many South Africans, that these three decisions should be reversed immediately, as there are no rational justifications for a military-imposed curfew, a restriction on e-commerce business, and a window limitation three hours to exercise, “said interim DA leader John Steenhuisen.
The party will also present judicial documents that question the constitutionality of not having parliamentary supervision registered in the Disaster Management Law.
Groenewald said the blockade cannot be extended in an attempt to prevent the spread of the virus from peaking in certain areas.
READ | ‘Slippery Slope’ – DA Takes Government to Court Over Blocking Regulations
“It is likely to happen and with the winter months on our doorstep, the unlocking of the country cannot be postponed any longer. The FF Plus recognizes that the virus represents a real threat to many human lives, but if a country’s economy stops entirely, no doubt, it will also result in great loss of life, extreme poverty and suffering. ”
According to Groenewald, it has always been of utmost importance to strike a balance between limiting the spread of the virus and unlocking the country’s economy. Waiting another two weeks before moving to Level 3 will seriously upset that delicate balance, the FF Plus leader said.
“The chances that continued restrictions will do much more damage to the economy and livelihoods of ordinary citizens are far greater than the chances that it will further limit the infection rate.”
‘Abusing his powers’
Groenewald says the government is “abusing its powers” by invoking the National Disaster Management Law instead of the State of Emergency Law “as the state of emergency can only be implemented for three weeks and all regulations require approval and supervision of Parliament “, which implies the participation of all the political parties represented.
“Even the Secretary General of the United Nations (UN), Antonio Guterres, has indicated that South Africa is one of the countries that is abusing the blockade to violate the rights of its citizens,” said Groenewald.
In April, the UN Human Rights Office expressed concern about the use of excessive force in several countries, including South Africa, as governments impose blockades in an attempt to stop the spread of Covid-19, News24 reported.
“The FF Plus will ask the court to decide that all commercial companies will be able to fully operate and trade on the condition that they have the appropriate health and safety measures to stop the spread of the virus.”
ALSO READ | Covid-19: UN Human Rights Office concerned about excessive force, reports of death during SA shutdown
“The party’s request will also ask the court to ask the government to provide its reasons for imposing such stringent regulations and the reasons why these regulations are still in place even though they have already achieved their primary objective,” Groenewald said.
He added that the government must also disclose the data on which the state of the disaster is based and explain the reasoning behind how deadlines are determined for the various levels of blockade. The reasons for the delay must also be provided in the official announcement of the regulations, which in many cases are unclear and without any timeline.
“Therefore, the FF Plus will urgently approach the court to address these issues. The abuse of government power should not be tolerated,” he said.
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