DA asks Constitutional Court to declare Disaster Management Act unconstitutional

The DA has asked the Constitutional Court to declare the legislation governing SA’s lockdown unconstitutional, as it breaches the doctrine of separation of powers, and wants the apex court to include parliamentary oversight.

SA has been under a strict national lockdown, enforced under the act, which provides wide emergency powers in terms of what the executive is able to do during a state of disaster under section 27. It is this section that the DA wants the Court to declare unconstitutional. In the notice of motion, the DA said it does not want the Court to invalidate the declarations, regulations and directions given before the order was made.

Steenhuisen argued in the affidavit that there is no effective oversight and involvement under the act, and that it gives the executive the power to govern by regulations and directions without any role for parliament.

Source: Law Daily Report (lawdailyreport.net)

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