Disaster vs separation of powers - The Mail & Guardian

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Disaster vs separation of powers - The Mail & Guardian
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The Democratic Alliance’s court case is about much more than an esoteric question of constitutional law

Seven weeks into the Covid-19 lockdown, the voices calling for its end have become louder and shriller, none more so than that of the Democratic Alliance, which now has four court cases on the go, challenging different aspects of the lockdown.

“For seven weeks, the country has existed under what can only be described as a de facto state of emergency, and will continue to do so for the foreseeable future. South Africans have been locked up in their houses. Businesses have been precluded from operating. Thousands have been arrested. A curfew had been imposed while the army, 76

“The rules of Parliament provide mechanisms for the oversight of the executive. It is not required that every piece of legislation must establish its own oversight mechanisms,” said the notice. This is what happens when a state of emergency has been declared, he said. Under a state of emergency, any regulations may later be invalidated by Parliament. “These checks and balances are strikingly absent here,” said Steenhuisen.

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