We could be in for a very, very long lockdown haul

South Africa could be in for a much longer lockdown period – far beyond the 30 days, expiring by the end of this month – due to provisions of the Disaster Management Act, which entrust government with powers to continue with the current status quo, before making another declaration, according to legal expert advocate Paul Hoffman.

In terms of Section 27 (5) of the Disaster Management Act, the lockdown can be extended for a maximum of three months without parliamentary ratification.

Agreeing with an explanation given yesterday by Justice Minister Ronald Lamola during the National Covid-19 Command Council briefing on the review of lockdown regulations, at which he maintained that Ramaphosa was not obliged to get parliamentary sanction before extending the lockdown, Hoffman, who is director of Accountability Now, said the Act was different to a state of emergency.

“Parliament has no role at this stage. We have not had a state of emergency and have no basis to invoke parliament, which will require a 60% vote endorsement,” said Hoffman.

“Because this is a state of disaster, it gives all other people limited rights, which is perfect in terms of the constitution and Bill of Rights, taking into account what we are faced with.

“President Ramaphosa is reasonable and justifiable in terms of basic values expected from a democratic society.

“Anyone [who] may seek to challenge the president’s authority on the Disaster Management Act would have to go to court and prove that the application of the regulations is a state of emergency in disguise.”

In reviewing the regulations, Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma announced a few amendments, saying the lockdown could not be abruptly suspended but incrementally phased out, depending on how the country coped with the coronavirus.

“The president has pointed out that the struggle against the coronavirus is far from over – that we are only at the beginning of a monumental struggle that demands our every resource, effort, and that in the coming months, we must massively increase the extent of our response, expanding the reach of our interventions.

“I will also publish amendments to the disaster management regulations to lay the foundation for the risk-adjusted measures the president referred to, that can enable a phased recovery of the economy, allowing the return to operation of certain sectors – doing so under strict conditions,” said Dlamini-Zuma.

In terms of the amendments, Dlamini-Zuma said:

• Cargo – particularly exports – would be moved from ports of entry to warehousing sites where handling and clearing would be conducted, with the exception of the transportation of liquor;
• Stores selling hardware products and vehicle components would open but should maintain a list of people purchasing essential goods and keep a register;
• Should a death certificate of a diseased person not be immediately available in a case of a burial within 24 hours of death, people requesting the permit should produce a sworn affidavit, supported by a letter from a cultural or religious leader;
• The movement of children between co-holders of parental responsibilities and rights, or a caregiver remains prohibited during the lockdown, except where arrangements were in place for a child to move from one parent to another, with a supporting birth certificate being produced; and
• Coal miners supplying Eskom and oil refineries could continue operations at full capacity, while mining operations shall be conducted at a reduced capacity of 50% during the lockdown, and increasing capacity as determined by direction by of the minister of mineral resources and energy.

– brians@citizen.co.za

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