The institute said it would also write to the presidency to warn it about strong and valid legal arguments concerning the lockdown enforcement.
Richards said the absence of sufficient oversight of the workings and decisions of the national coronavirus command council was a vital constitutional concern, as it pointed to the executive abusing its powers under the Disaster Management Act.
“Had the NCCC not been formed, South Africa would still have had a lockdown, but under more rational and democratic conditions. This is where lawfulness and constitutionality matter,” said Richards. She stressed that her concerns related to the conduct of all political parties, not only of the government.She said she and lawyer Nazeer Cassim chose to write to the presidency in April after attempting to prompt political parties and civil society organisations to take a public stand on the constitutionality of the command council and its lockdown decision-making.
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