5 April 2022: President Cyril Ramaphosa announced the end of the National State of Disaster effective on 5 April. The announcement concludes South Africa’s lockdown 738 days after its implementation.
DearSA instituted legal proceedings to end the State of Disaster in February. By 25 March Minister Dlamini-Zuma had not responded to our court papers as per the deadline. DearSA’s legal counsel then sent her office a rule 30A non-compliance notice that gave her ten days to rectify. Minister Dlamini-Zuma took no action in this regard. Instead, the president announced the lifting of the State of Disaster.
Therefore the DearSA legal challenge against the State of Disaster will no longer be going ahead.
DearSA sees this as a welcome and significant victory for civil society. But we are very concerned with the government’s telegraphed intentions to move certain far-reaching restrictions to the National Health Act. Doing so would effectively make these lockdown regulations permanent. And effectively allow the State of Disaster to continue indefinitely.
Because regulatory amendments are subordinate legislation delegated to the Minister of Health, they can be implemented immediately upon approval.
“The President ending the National State of Disaster is an incredibly welcome and long-overdue development. However, the proposed regulatory amendments to the National Health Act are deeply concerning. The government is essentially clinging to the extraordinary emergency powers they would now have to surrender. There is no disaster, hence there is no honest reason to amend regulations.” Said DearSA CEO Gideon Joubert on Tuesday evening.
DearSA launched a formal public participation campaign in response to the Minister of Health’s call for public comment on the proposed Health Act regulations. More than 132 000 citizens have so far given input regarding the regulations and voiced their concerns. Comments on the proposed regulations close on 15 April. We believe active and engaged citizens are the guardians of our democracy. And we are overwhelmed by the public’s response to this campaign.
The campaign is available at the link: https://dearsouthafrica.co.za/health-act-amendment/
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The National State Of Disaster Ends On 5 April, But Serious Concerns Remain Over National Health Act Regulations Amendments Submission Details
Author: Tim Flack from DearSA.
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Source: MyPR International
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