A heavy onus rests on our leaders to see us through Covid-19, yet this pandemic also calls on all of us to be active participants during this state of disaster & beyond. This includes making sure that constitutional rights are not eroded in the process.
Empowered by section 27 of the Disaster Management Act , President Cyril Ramaphosa on Sunday declared a national state of disaster in South Africa.
The declaration of a state of national disaster is not the same as a declaration of a state of emergency in terms of section 37 of the Constitution. Although South Africa has faced and continues to deal with, numerous health threats and epidemics like HIV and TB, the nature and magnitude of Covid-19 is unprecedented and its potential impacts have yet to be fully understood.
Even in times of national disaster, limitations of rights cannot extend beyond what is necessary and must be in line with the constitutional values of our society. The regulations were issued as a regulatory measure to combat Covid-19. Dlamini-Zuma’s department is responsible for disaster management in the country.The DMA allows Dlamini-Zuma as minister of cooperative governance and traditional affairs and the Cabinet member designated by the president under the DMA, to make regulations or issue directives concerning the management of the nation in a state of disaster.Here is what the relevant provisions say.
The convenor of a gathering of more than 100 people or a person who permits more than 50 persons at premises where liquor is consumed is guilty of an offence and liable to a fine or imprisonment for up to six months. Any donor funding to assist in the disaster is to be paid into the reconstruction and development fund.
The regulations have also limited the sale, dispensing and transportation of liquor for taverns, restaurants and clubs. Minister of Justice Ronald Lamola may extend these restrictions for the duration of the national disaster. The UN subcommittee on prevention of torture has issued an advisory saying that while quarantine is for the public benefit, it should not result in the ill-treatment of those affected or restrictions on movement that appears to have no end.
These regulations seek to strike a balance between the demands of public health and individual rights. This practice in South Africa has enabled the national health department to gain reliable intelligence on the scale and rate at which the virus is spreading.In terms of the NHA Regulations, the required medical examination, treatment, isolation or quarantine procedures must be determined on a case by case basis and tailored depending on the public health risk and individual circumstances of the person in question.
In addition, the NHA Regulations requires the refusing person to be offered counselling on the risks to everyone involved. Enforcement officers are empowered to place such persons in isolation or quarantine for 48 hours, pending a warrant issued by a magistrate.It also broadly indemnifies the enforcement officer by stating that no person is entitled to compensation for any loss or damage arising out of any action of an enforcement officer taken under the regulation and made in good faith.
If symptoms develop within the first 14 days, the person should be considered a person under investigation. Most concerning, it states that any person who intentionally exposes another person to the virus may be prosecuted for an offence, including assault, attempted murder or murder. Should the need arise, the minister may direct for the sourcing of human resources to render services at identified sites, including retired health professionals of the expanded public work programme and non-governmental organisations.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Covid-19 live updates: Another UCT staff member tests positiveAfter shutting its doors on Monday in the wake of a staff member testing positive for Covid-19, the University of Cape Town confirmed on Thursday that a second positive case has been identified.
Read more »
Covid-19: Italy reports 475 new deaths, highest one-day toll of any nationItaly on Wednesday reported 475 new deaths from the novel coronavirus, the highest one-day official toll of any nation since the first case was detected in China late last year.
Read more »
Religious organisations need to help fight spread of Covid-19, says RamaphosaPresident Cyril Ramaphosa has called on religious leaders to help drive the message of the need to stop and contain the spread of the coronavirus.
Read more »
Covid-19: 'We cannot estimate yet when a vaccine will be available'Several institutions around the world are working on vaccines. Realistically nothing will become available before mid-2021 at the earliest. TheCapeArgus coronavirus
Read more »
Covid-19: Outreach programme to help less fortunate with free soapAfter panic buying cleared most shelves and left many people countrywide unable to purchase hand sanitiser, an outreach programme is under way to help those needing assistance to deal with the Covid-19 outbreak.
Read more »
LIVESTREAM: Ramaphosa meets religious leaders over Covid-19 response - The Mail & GuardianThe president meets with religious leaders in a bid to get them on board to join the fight against coronavirus
Read more »