Covid-19 regulations a necessary but temporary inconvenience, says expert
Regulations meant to help contain the spread of the novel coronavirus may seem harsh and restrictive to some, but according to a constitutional expert they are totally in line with the law, and will last no longer than the virus does.
Lancet Laboratory Rochester Place administrator Bathandwa May speaks to queuing patients arriving for a coronavirus test at the drive-through testing facility, 18 March 2020, in Sandton. Patients arriving at the facility have all been referred by a doctor to be tested. Picture: Michel Bega
The new strict regulations that were imposed on Wednesday night to combat the Covid-19 outbreak were only temporary and would last as long as the virus does, according to a legal expert.
Minister of Cooperative Governance and Traditional Affairs (CogTa) Nkosazana Dlamini Zuma, gazetted the new regulations on Wednesday night, which would take effect immediately, and which may appear harsh to some, especially those in the hospitality industry.
These include possible jail time of up to six months should people refuse to disperse from a gathering of more than 100 people.
Liquor outlets must now abide by new operating times or could also face prosecution.
The sharing of fake news about the virus could also lead to criminal prosecution.
These directives were to clamp down on the global outbreak, which has now affected 116 people in the country. President Cyril Ramaphosa had at the weekend declared the Covid-19 a national state of disaster.
No more than 50 people are allowed to gather at a place where liquor is sold and consumed. No liquor is allowed to be sold after 6pm on weekdays or 1pm on weekends and public holidays where alcohol is consumed on site.
Anyone suspected of contracting the virus, has confirmed to have been infected by the virus, or was in contact with an infected person, must be treated and quarantined and would be prosecuted should they refuse to do so. Visits to correctional service facilities are suspended for 30 days while schools remain closed until 15 April 2020.
The department of defence is also expected to provide resources to “prevent, limit, contain, combat and manage the spread” of the virus, meaning they may be called upon to help contain the spread if needed.
While these were just regulations and not legislation, they were justifiable and unlikely to be declared unconstitutional by a court, constitutional law expert Pierre de Vos said.
He said rights could be limited, such as the right to gatherings and association, as long as it complied with the limitation clause.
“The regulations are limiting, yes, but it is almost certainly justifiable in terms of the limitation clause.”
Police could arrest those who shared false information or fake news on Covid-19, but this fell under fraud offences, De Vos explained.
“This is basically a specific kind of fraud. Provisions of the crime of fraud say if you are going to defraud someone and risk their lives in the process it is a criminal offence. But this still requires you to show that you had intentions to do so. It is not very different from what the criminal law already says – it’s just more specific now.”
But these regulations won’t last forever and would disappear along with the virus.
“The provisions can only be applicable for as long as the declaration of the disaster continues … It is not forever. A national disaster is an exceptional thing that can be declared for as long as the disaster happens. The regulations will collapse once the disaster ends.”
– rorisangk@citizen.co.za
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