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Health Minister Zweli Mkhize has published new proposals to change the National Health Law regulations on reportable diseases, extending the powers of the government to deal with the coronavirus and other health problems.
The proposals, which were debated late on Tuesday (October 13), will allow the minister to impose the “necessary restrictions” to ensure that measures are in place to manage and control the spread of disease.
The regulations are not specific to the Covid-19 pandemic and can be used to help prevent further health crises.
Restrictions the health minister could impose include:
- Total or partial closure of any public place, including a place used for public receptions, tourist activities or events, or recreational, amusement or entertainment public activities or events;
- Prohibition of movement between districts and provinces of people;
- Prohibitions on the use of ports of entry;
- Impose curfews to keep people indoors; Y
- Closure of educational institutions.
The opposition party, the Democratic Alliance, said that the fact that these new amendments are proposed 24 hours before the expiration of the expanded National State of Disaster under the Disaster Management Law is “deeply concerning.”
“It gives the impression of a government desperate to retain power over its citizens even outside a legitimate disaster state by empowering the minister that will allow him and the executive to impose far-reaching restrictions,” said Siviwe Garube, the prosecutor of the district.
“These regulations are attached to the existing National Health Law of 2003 and are now being amended to introduce similar sections to the Disaster Management Law to normalize rapid government interventions,” he said.
“They give the health minister, or more broadly, the executive, unlimited powers to impose restrictions that hinder civil liberties.”
More importantly, the district attorney said, these powers are being granted to the minister through the “back door” of regulations and do not provide for parliamentary oversight, “allowing the executive to impose restrictions without any checks and balances.”
Parliament is not legally obliged to vote and pass regulations, however, these specific regulations have far-reaching consequences and must be brought to the plenary session of Parliament accompanied by a legal opinion from Parliament’s legal services, Garube said.
“These regulations must be debated and adopted by the house and cannot be sneaked out the back door, in the middle of the night, 24 hours before the state of disaster expires,” he said.
“While it can be legitimately argued that these regulations in question should be improved to better manage reportable medical conditions such as Covid-19 in the future, sections of these amendments recall the regulations contained in the Disaster Management Act that are granted by the executive branch. out of control “.
South Africa’s extended state of disaster will end on October 15, 2020, but with all lockdown restrictions in place tied to the Disaster Management Act to take effect, it is expected to be extended again for a month.
Read: South Africa moves forward with NHI: expect next milestone in February 2021
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