Court challenge over stricter rules on Garden Route

What’s good for the goose is also good for the gander is how political analyst Sanusha Naidu summed up the government’s decision to impose stricter Covid-19 restrictions on the Western Cape than on KwaZulu-Natal during the festive season.

Naidu said treating the two provinces differently could have different interpretations. They had many similarities when it came to holiday spots and therefore the measures imposed on the public should be the same.

However, she said the Garden Route was a pandemic hotspot and that could be the justification for imposing stricter regulations there. She was reacting to the government’s imposition of strict rules on the Garden Route in completely closing beaches, whereas it was allowing KZN beaches to be open at certain times.

She questioned why KZN received special treatment when the government was so strict on the Garden Route.

“There are inconsistences that give the Democratic Alliance [DA] traction to challenge the decision,” Naidu said.

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She said Minister of Police Bheki Cele could be right in instructing people to wear masks in public on Western Cape beaches because the pandemic was a national disaster with national jurisdictions.

But the lack of legislation on the wearing of masks cast doubt on this.

There should be proper consultation between the provincial and national authorities on the issue.

But the DA should understand that as South Africa was a unitary state, it did not have complete power in the province.

“As this is a national disaster, the minister can enforce the law but there is no law governing the wearing of masks in public.

“My problem is that there should be a law governing this and, therefore, the minister could be said to be over-reaching due to lack of legislation on the issue.”

READ MORE: Beaches are safer than malls and indoor settings, say experts

This week the DA said it would take Cele to the parliamentary ethics committee for “political over-reach” and “cowboy antics” for policing the beaches in the province.

The DA’s Andrew Whitfield claimed Cele had reportedly instructed 16 police officers to shut down a film shoot, despite the crew having a legal permit from the City of Cape Town.

Whitfield said Cele’s mandate as a minister did not allow him to do this.

“We believe that these instructions was an overreach of his powers.

“Cele appears to be confused as to whether he is the minister of police or the national police commissioner.”

Attempts to reach ministerial spokeswoman Lirandzu Themba for comment on the situation were unsuccessful.

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