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Minister of Health, Zweli Mkhize.
- Health Minister Zweli Mkhize proposed regulations that would grant powers similar to those of the Disaster Management Law.
- These powers would be in effect even if a state of disaster was not declared.
- The district attorney said it “gives the impression of a government desperate to maintain power over its citizens.”
Health Minister Zweli Mkhize wants powers to restrain South Africans even when there is no national state of disaster in place.
At a hastily arranged meeting of the health portfolio committee Tuesday evening, Mkhize presented a set of regulations that would give him powers similar to those that the Disaster Management Act confers on the Minister of Cooperative Governance and Traditional Affairs during a state of disaster.
Mkhize told the committee that the regulations would be “important munitions to deal with the pandemic.”
He said he discussed the proposed regulation with the National Health Council, which included all provinces, but has yet to be presented to the Cabinet, which he intended to do on Wednesday.
He said that at a certain point it would be more appropriate to use the National Health Law instead of the Disaster Management Law.
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The Disaster Management Law required the director of the National Center for Disaster Management to assess a disastrous event and whether it should be declared a disaster under the law.
The responsible minister could then declare a state of disaster, if existing legislation and contingency arrangements do not adequately provide for the government to adequately handle the situation, or if “other special circumstances justify the declaration of a national state of disaster.”
Only then can the minister, in consultation with relevant colleagues, develop regulations that should help and protect the public; provide relief to the public; protect property; prevent or combat disruption; or dealing with the destructive and other effects of the disaster.
The National Health Law did not have these limitations.
It allowed the minister to make regulations on various matters, including communicable diseases and reportable medical conditions.
The National Health Law requires that the minister “publish all the regulations that he intends to make under this law in the Gazette to receive comments at least three months before the date scheduled for their start,” however, the minister could omit this step if “circumstances require the immediate publication of a regulation.”
Regulations
Mkhize wanted to amend the Regulation on the Monitoring and Control of Reportable Medical Conditions, which was drawn up by his predecessor, Aaron Motsoaledi in 2017.
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These regulations allowed the minister of health to declare a medical condition notifiable if, in its opinion, the medical condition: “(a) represented a risk to the public health of a population of a particular community, district, municipality, province or country ; (b) it may be considered a public health risk or have a potential for regional or international spread; and (c) it may require the national department, one or more provincial departments, or one or more municipalities to take immediate, appropriate measures and specific. “.
Mkhize then wanted to include the power to “by Notice in the Government Gazette, publish more regulations to address, prevent and combat the spread of the reportable medical condition.”
He also wanted a regulation to be included as follows: “The Minister may, to ensure that all necessary and reasonable measures are taken to manage and control the spread of the notifiable disease, by means of a regulation published in the Government Gazette, impose the necessary restrictions related to said reportable medical condition. “
The proposed restrictions included:
- The total or partial closure of any public place, including a place used for public receptions, tourist activities or events, or public recreation, amusement or entertainment activities or events;
- Prohibit or regulate the celebration or attendance at any public meeting, public reception or any meeting within a district, province or national;
- Prohibit or regulate the movement of people between districts or provinces;
- Prohibit or regulate the movement of people at points of entry;
- Regulate the specific hours that require people to stay indoors; Y
- The total or partial closure of any educational institution.
DA deputy and health spokesperson Siviwe Gwarube described the proposed amendments and Mkhize’s evening briefing as “deeply disturbing”.
“It gives the impression of a government desperate to retain power over its citizens even outside of a legitimate state of disaster by empowering the minister that will allow him and the executive to impose far-reaching restrictions,” he said in a released statement. on Wednesday.
He said the proposed regulations gave the Minister of Health, and more broadly the executive, unlimited powers to impose restrictions that would hamper civil liberties.
“More importantly, these powers vested in the Minister through the back door of regulations do not provide for parliamentary oversight and allow the Executive to impose restrictions without any checks and balances.”
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South Africa’s legislative framework did not give Parliament any say in these regulations. However, Gwarube said the regulations were so far-reaching that they should be brought before a plenary session of Parliament. He said that he would write to the Presidents of Parliament in this regard.
“Over the past seven months, we have seen the South African government tighten its grip on citizens with some irrational and unnecessary limitations on their rights. This was done arbitrarily through a Covid Command Council that was accountable to no one but the executive. “
She added: “We have seen Parliament marginalized and relegated to a mere spectator, all while making massive decisions regarding the rights of citizens.
“This was done in aid of our fight against Covid-19, a legitimate global health disaster. We cannot allow this situation to normalize as if we did not live in a constitutional democracy,” Gwarube said.
The chair of the health portfolio committee, ANC MP Sibongiseni Dhlomo, welcomed Mkhize’s consultation with the committee, as it was not normal practice to consult parliament on regulations.
ANC MP Kenneth Jacobs said at Tuesday night’s meeting that they supported the regulations.
On Wednesday, the Minister of Cooperative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma, announced that the state of disaster had lasted for another month.
