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Cooperative Governance and Traditional Affairs (Cogta) Minister Nkosazana Dlamini-Zuma plans to oppose a legal challenge to sideline South Africa’s latest extension of the state of disaster.
The case is being presented by the civil society group Dear South Africa, which has approached the High Court to overturn the “extension of the blockade” that was introduced on November 13.
The group argues that extensions to the blockade are illogical and are being done without parliamentary oversight, as required by the Constitution.
Dear South Africa is also asking the court to declare the latest closure extension illegal under the Disaster Management Act.
SA’s esteemed managing director, Rob Hutchinson, said that Dlamini-Zuma officially opposed the request Tuesday afternoon. The case is scheduled to be heard in court on December 1, 2020, provided there are no further delays.
“South Africa no longer faces the uncertainties it faced when the initial state of disaster was enacted,” said Daniel Eloff of Hurter Spies, the attorneys representing Dear South Africa, said in their court documents.
“Consequently, the government cannot continue to take advantage of a state of disaster for which the underlying and motivating reason has largely dispersed eight months since the initial declaration of the state of national disaster.”
The only defendant in the case is Dlamini-Zuma.
In an affidavit in court, Hutchinson said that constitutional rights have been restricted by disaster regulations, including the rights to freedom of movement, residence, assembly, economic activity and education.
Businesses were closed at the beginning of the Covid shutdown, schools were closed, and the rights of citizens to move and practice their professions and trades were severely restricted.
“While many of these restrictions on fundamental rights have been lifted, the (minister) has imposed these restrictions without parliamentary oversight and may re-impose them.
“The (minister) has the power to extend the state of disaster monthly ad infinitum without such supervision,” says the court request.
Read: Mkhize on the latest increase in coronavirus cases in South Africa, and talk about a Christmas closure
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