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The Democratic Alliance (DA) in the Western Cape will present documents on Friday, challenging the constitutionality of the Disaster Management Law.
Acting DA leader John Steenhuisen at the press conference at Nkululeko House on February 23, 2020. Image: Sethembiso Zulu / EWN
JOHANNESBURG – The future political consequences of the country’s blockade laws are heading to court on Friday, despite the start of consultations to move to Level 3.
The Democratic Alliance (DA) in the Western Cape will present documents on Friday, challenging the constitutionality of the Disaster Management Law.
The party is challenging the rationality of three problems related to the blockade, the night curfew: the ban on electronic commerce, which has since been lifted, and the hours of exercise.
Acting leader John Steenhuisen said that if the act did not meet constitutional requirements, it means that decisions made by the national command council were invalid.
Steenhuisen said this was an extremely important case because it spoke of one of the most crucial principles in South African democracy and the separation of powers.
“We have an executive branch of the Cabinet, which is the Cabinet, and a legislative branch, which is Parliament, for very good reason. Right now, the executive is doing the work of drafting our laws and regulations as he sees fit. “
Steenhuizen said this could not continue: “Because from here, our democracy is on a very slippery slope. What we will ask the court to do is provide the same oversight provisions for the disaster state as for the state of emergency because without this oversight, the small authoritarians who came to power are allowed to run without control. ”
LOOK: Direction of the district attorney in the legal action against the blocking regulations
Speech on District Attorney’s Legal Action Against Blocking Regulations
Today, the DA announced the judicial action that we are taking to end the national blockade that is destroying our society and economy.
This afternoon, our attorneys will file documents in the Superior Court challenging the rationality of three separate blockade-related decisions: the night curfew, restrictions on e-commerce, and the limited 3-hour window to exercise. These cannot be justified and must be reversed immediately.
Tomorrow, our attorneys will present court documents challenging the constitutionality of the Disaster Management Law. Because if the Law does not comply with the constitutional requirements, it means that the decisions made by the National Command Council under this Law are not valid.
The threat posed by this blocking crisis is far greater than the threat from the virus, that we have no choice but to end the hard blockade now and start our economy.
If the President can’t make the decision to end the hard blockade, help us do it for him. South Africa is interested in our success.
To contribute to DA legal action, please donate at https://donate.da.org.za/p/dacourtaction
Posted by Democratic Alliance on Thursday May 14, 2020
Freedom Front Plus will also address the court for similar reasons.
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