Public participation group Dear South Africa has asked Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma to provide the evidence that supported her decision to extend the lockdown earlier this month or prepare for an urgent court date.
In a letter delivered to the minister on this week, Dear South Africa attorneys Hurter Spies Inc asked the minister to provide written reasons for the extension of the lockdown announced on October 14, backed by supporting documentation and expert evidence. She has also been asked to commit that no further lockdowns will be announced.
The minister has been given until October 30 to reply or, according to the letter, Dear South Africa “will be compelled to approach the high court for appropriate relief”.
Government declared a national state of disaster on March 15 under the Disaster Management Act and has extended this five separate times since then. Most South Africans were initially supportive of the lockdown due to the unknown threat from the Covid-19 virus, though support has dwindled according to various public participation campaigns run by Dear South Africa.
The Disaster Management Act empowers the minister to issue regulations or directions where these are needed to assist or protect the public, to provide relief, or protect property. Disasters may only be declared where existing legislation and contingency arrangements are inadequate.
In terms of Section 37 of the Constitution, a state of emergency may only be maintained for 90 days before its extension must be approved by Parliament.
No such parliamentary approval has been obtained for the latest extension.
Hurter Spies attorney Daniel Eloff says seven months into the lockdown, there is no evidence that the extended lockdown is curbing the spread of the virus. The number of cases peaked in July and has been in steady decline since then.
“The Covid infection rate peaked several months ago, and the original reason given for the lockdown was to stop the healthcare system being overloaded. We now know the healthcare system is far from overloaded, and the additional facilities provided to cope with the expected wave of infections have been closed because the wave has passed.”
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