Legal challenge against South Africa’s “eternal lockdown” Covid-19 rules
Labour union Solidarity has launched legal action against the new “limited” health regulations to contain the spread of Covid-19, which took effect on Thursday, 5 May 2022.
Solidarity contends the regulations are unlawful and irrational and has issued a legal letter to health minister Joe Phaahla, requesting that he explain how his department reached its decision on the rules.
The Department of Health published the regulations moments before South Africa’s transitional state of disaster rules expired.
These transitional regulations were to remain in effect for 30 days after the state of disaster lifted, giving the government time to develop suitable rules for managing the pandemic outside a crisis scenario.
The new regulations continue to mandate mask-wearing in public spaces, limit numbers at gatherings to 50% of venue capacity, and require vaccination or Covid-19 test results for entry into South Africa.
Solidarity chief executive Dirk Hermann accused the department of dragging its heels with the publication of the regulations, leading to an “absurd situation where the South African public did not know by 23:00 last night what would hit them the next morning”.
“This is totally unacceptable, and it has taken the country back to family meetings with the immediate effect of lockdowns,” Hermann stated.
He said the fact that the government admitted in the gazette that it needed more time to consider all the input from the public on planned amendments to the National Health Act was an indication that it merely regarded the public’s opinion as an “inconvenience”, and would rather rule by diktat.
“The government’s actions made a mockery of the public participation process and showed the true colours of a government that wants to rule over citizens rather than in solidarity with citizens,” Hermann said.
“Public input is not just for the semblance of participation but must indeed be considered,” he added.
Solidarity is questioning the legal framework within which the “limited” regulations would function while its legal team considered further steps to challenge their substance.
“The department’s undue haste, clumsy and untransparent actions seem more like the actions of a government that is afraid of losing political leverage over its population rather than of one that is concerned about their health,” the organisation stated.
Hermann said the government brought the urgency of the measures upon itself and was steamrolling a “rushed product” to regulate South Africans’ health.
“We are of the opinion that it is careless and reckless,” Hermann said.
“The most draconic and worrying of the new regulations is the fact that the minister of health can arbitrarily decide to enact or withdraw them.”
“Practically, this means the minister can put the whole country into lockdown with no prior notice and no limits to this power.”
Hermann said this created huge uncertainty in several sectors of the economy, which could have significant consequences if the regulations remained as is.
“No mention is made of preserving the country’s healthcare capacity by the regulations. The only criterium is to curb the spread of Covid-19,” Hermann said.
“Thus, through these regulations, South Africa has traded a temporary pandemic for an eternal lockdown — we simply will not allow it.”
Loading ...