- Although Covid-19 has already been called into question by the judicial system, it seems as if the state may well be facing more pressing concerns
- The Disaster Management Act is set to expire on 14 June, regardless of the ruling
- This means that the government is facing the lockdown being overturned a lot sooner than the two weeks handed to them by the High Court
The current State of Disaster is set to officially expire on Sunday, 14 June and, should officials fail to extend the deadline, the lockdown will expire along with it.
Briefly.co.za reported that the Gauteng High Court had ruled that the current restrictions were 'unconstitutional and invalid', handing the state 14 business days in order to adjust the regulations.
However, now it seems as if the government won't even have that long in the first place. Section 27 of the Disaster Management Act states that the following criteria must be met for a legal declaration:
A national state of disaster that has been declared in terms of subsection (1):
(a) Lapses three months after it has been declared.
(b) May be terminated by the Minister by notice in the Gazette before it lapses.
(c) May be extended by the Minister by notice in the Gazette for one month at a time before it lapses.
Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma has the option to extend the lockdown on a monthly basis or opt to allow the deadline to pass and declare a new state of disaster.
With both the Disaster Management Act and the National Coronavirus Command Council facing immense scrutiny in both the political and judicial sphere, it will be interesting to see which route the government would end up taking.
Minister in the Presidency Jackson Mthembu is set to address SA on the outcome of a Cabinet meeting on Thursday, which may shed some light on the path forward.
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