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In another letter to President Cyril Ramaphosa, two lawyers held the presidency until Monday to clarify what decision-making powers were given to the National Coronavirus Command Council (NCCC).
The two attorneys also question who made the decision to ban the sale of cigarettes during the national shutdown to curb the spread of the coronavirus.
Lawyers Nazeer Cassim SC and Erin-Dianne Richards have responded to a letter written by the Director General of the Presidency, Dr. Cassius Lubisi.
In the 14-page response, dated May 8, the two said they found it suspicious that there was no transparency at the NCCC that appeared to be making decisions about the pandemic.
In their initial letter to Ramaphosa, the two high-profile advocates sought clarity on legislative or other grounds for the establishment of the NCCC, as well as its powers.
In his response, Lubisi said that the relevant ministers made decisions in terms of the legislation assigned to them.
READ | Tobacco ban: our only concern is the health of our people, says Ramaphosa
He used his letter to urge the couple to find alternatives instead of criticizing the government and warned them to act in accordance with their role as court officials.
“Our clients are surprised by the tone of the letter. To the extent that the president authorized the issuance of the letter, it is regrettable,” the letter said in response to Lubisi.
“However, more disturbing than the tone of the letter is its content. The letter does not answer the questions asked. The letter only adds to the confusing communication that has plagued government statements about the NCCC to date.”
Richards and Cassim added that the Presidency was unable to explain where the NCCC legally came from its decision-making power.
They said they could not find any provision in the Disaster Management Act to support that delegation to the NCCC.
In his opinion, the body could be one of two things: it was a “coordinating body”, without the right to any decision-making power; or it was a legally established decision-making body that exercised powers delegated by the President and endorsed by the Cabinet as required by the Constitution. “In this case, the documentation supporting this delegation should be easy to produce.”
They said that the “new power of the council that was suddenly being exercised by the NCCC seemed to us to mark a change of course from the position articulated by the President in his first speech [to the nation].
“We were concerned, but we consider that it could have been a slip of the tongue or a communication malfunction.”
ALSO READ | Advocate for endangering life-saving measures after NCCC is questioned, presidency says
Motivating their argument, advocates questioned Ramaphosa about his initial decision to allow the sale of cigarettes at level four of the closure that was soon withdrawn. Shortly after Cogta’s minister, Nkosazana Dlamini-Zuma, announced that the cabinet had reversed the decision after deliberating.
This left many in the country confused and questioning the powers of the president within his own cabinet.
“If the NCCC is a properly established, constituted and authorized body, it would not need to request ratification of its decisions. To the extent that the NCCC is not properly established, constituted and authorized, it is our opinion that any decision it has taken or will take it is illegal, and it is doubtful that the Cabinet is empowered to ratify an illegal decision by an illegal body. “
They said that “they were ready to commit to Ramaphosa, which is in the interest of all concerned,” Monday at 1:00 p.m.
This week, Ramaphosa denied that there was any agenda to reverse the decision to allow the sale of tobacco, News24 previously reported.
He told journalists in KwaZulu-Natal that the only interests they had was the health of citizens when making the decision.
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