If government can’t explain its lockdown laws, policies will be determined in the courts

Emerging differences in the approach to Covid-19 between the government and some members of the Ministerial Advisory Committee have, however, plunged government’s coronavirus strategy into a further legitimacy crisis.

Nelson Mandela University political lecturer Ongama Mtimka was responding to the latest reports that some scientists serving on the Ministerial Advisory Committee were openly disillusioned with government’s lockdown to contain the coronavirus pandemic amid intense pressure from the Democratic Alliance (DA) and other interested parties, intensifying legal pressure on President Cyril Ramaphosa and his Cabinet to open up the economy.

“While the DA’s anti-lockdown campaign may not have political spinoffs to attract support from the traditional ANC support base, it seems the differences among some Ministerial Advisory Committee members, who are charged with the role of advising government, may plunge government’s coronavirus strategy further into a legitimacy crisis,” said Mtimka.

“It is a serious cause for concern if there is a significant number of people serving on the Ministerial Advisory Committee who feel they have not had an input on the Covid-19 strategy.

“This does not bode well for government’s ability to justify its measures within the courts of law, because there has always been an understanding that government measures were based on data and sound advice.

“Government will have to be a lot more transparent in explaining the basis for its actions, something strengthening the case of the DA and other parties opposed to government, if it turns out there was no basis for the decisions taken,” said Mtimka.

“But it is not uncommon for a team of experts to have differences in approaches on how to deal with a pandemic and its implications on South Africa. Cabinet is also divided on what regulations should be made.”

As the virus was expected to be prevalent in South Africa for the next two years, the lockdown could not be continued for a similar period.

“Because of this, people are justified to expect lockdown relaxation. A more pragmatic approach by government will be to continue with its risk-adjusted strategy principle, recognising that different cities and regions are affected differently.

On the DA’s court challenge to the lockdown, Mtimka said: “What we must be careful of is that we should never allow the rich and those with economic might to use the courts to drag the state into making irresponsible and risky decisions.

“Decisions should not serve those with narrow economic interests. What should always be the outcome should be rational thinking – a good balancing of risks that bears the country’s socio-economic inequality in mind.

“We cannot have this propensity that capital has had throughout history to be a dominant force determining what government does.”

– brians@citizen.co.za

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