Covid-19 a stress-test for legislative emergency provisions in African countries - Research by a Cape-based academic centre found that the implementation of legislative provisions was done selectively in South Africa, Mozambique, Kenya, Malawi and Zambia
The Covid-19 pandemic was a stress-test for constitutional and legislative emergency procedures in several African countries, with there being a need to analyse and promote the role of law enforcement and criminal justice systems in a crisis. Centre for Africa Criminal Justice ReformThe report outlined the restrictions on the rights of citizens through Covid-19 management measures taken in South Africa, Mozambique, Kenya, Malawi and Zambia.
Although all of the five countries had provisions in their Constitutions for exceptional circumstances such as a state of emergency, state of disaster or state of calamity, the implementation of these legislative provisions were done selectively, raising concerns that a general application of the state of emergency or state of disaster would violate human rights as well as harm the socioeconomic conditions of impoverished populations.
The Zambian government, despite having a Public Health Act, created Covid-19 health rules followed by a series of announcements made by the president. He added that there was a need to analyse and promote the proper role of law enforcement and criminal justice systems in a crisis such as the one that was created by the pandemic.
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