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Controversial

Constitutional Court to rule on disaster declaration powers today

Podcast Briefing 2:45

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Key Strategic Points

  1. 1 DA challenges section 27 of Disaster Management Act, claiming it gives COGTA minister excessive power to declare and extend national states of disaster
  2. 2 The provision allows the minister to issue far-reaching regulations without mandatory parliamentary oversight or tabling requirements
  3. 3 COVID-19 pandemic prompted legal challenges to disaster regulations; government closed borders, restricted industries, and confined citizens using these powers
  4. 4 DA argues the current framework enables government to effectively run the country under a state of disaster without safeguards or citizen representation
  5. 5 Court is expected to decide whether to declare the section unconstitutional or require parliamentary tabling and oversight of declarations and regulations

Notable Quotes

“What the Democratic Alliance wants the Apex Court to do is to declare section 27 of the disaster management act unconstitutional or at the very least ensure and require that when a declaration is declared as well as its regulations that it's tabled before Parliament for oversight.”

— Veronica Makawadi, correspondent

“There is just too much power in the hands of one minister... section 27 will also ultimately allow government in some way effectively to run the country under that declaration as a state of emergency... without the safeguards and the oversight of parliament.”

— Veronica Makawadi, correspondent

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