Unopposed matters or appeals that had already been placed on the court roll prior to the lockdown and that were capable of being decided without oral hearing could be decided on the papers, alternatively they could be heard by teleconference or video-conference, or any other electronic mode, which dispenses with the necessity to be physically present in a courtroom. Similarly, civil cases that were identified as not urgent or concerning essential services could not be placed on the court roll for the duration of the initial lockdown period. In terms of the Chief Justice’s Directions, all criminal trials were postponed to dates after the initial ‘hard’ lockdown, unless the interests of justice dictated otherwise or where special arrangements had been made with the judicial officers involved in the matter. The Court dismissed the challenge, upholding the President’s argument that Cabinet could arrange itself as it deemed fit, that the NCCC was a legitimate committee of Cabinet, and that it could constitutionally be held accountable as such.Ĥ5. In Esau and ors v Minister of Cooperative Government and Traditional Affairs and ors, 42 it was argued that the NCCC’s establishment was an attempt to circumvent executive accountability, fell outside of the President’s constitutional powers and was ultra vires the Disaster Management Act. There was some public discord over the NCCC’s legality, legitimacy, and accountability, 41 and its constitutionality was challenged before the Western Cape High Court. However, it seemed to duplicate the functions intended for the NDMC in terms of the Disaster Management Act 2002. The NCCC was intended as a consultative and coordinating forum to ensure effective communication over the national response to Covid-19. Institutionally, the main controversy has been the creation, at the President’s behest, of a National Coronavirus Command Council (NCCC), consisting of the President alongside initially a selection of, and later the entire, Cabinet. All directives and guidelines are listed and accessible, alongside all core and related Covid-19 regulations, on a designated government website. 37 In addition, there have been a large number of sector-specific directives-including, for instance, measures aimed at curbing the spread and mitigating the impact of Covid-19 in public transport, air services, correctional services, sports, arts and culture, tourism facilities, schools, ports, and harbours-as well as an array of disaster management guidelines on how to implement and comply with regulations in various contexts (such as schools and workplaces), how to apply for relief measures, and how to navigate the relaxation of ‘lockdown’ measures in various sectors. Overall, the executive issued seven sets of core ‘lockdown’-related regulations, as well as over three hundred sets of related regulations. Such regulations proclaimed in terms of the Disaster Management Act 2002 have been the pre-eminent governance instruments during the Covid-19 pandemic. 36 Regulations promulgated in terms of the Disaster Management Act 2002 remain in force until repealed, or until the state of disaster lapses.Ģ8. These powers may be exercised only for the duration of the state of disaster and only to the extent that this is necessary for the purpose of (a) assisting and protecting the public (b) providing relief to the public (c) protecting property (d) preventing or combating disruption: or (e) dealing with the destructive and other effects of the disaster. the provision, control, or use of temporary emergency accommodation (section 27(2)(h)).the regulation of the movement of persons and goods to, from, or within the disaster-stricken or threatened area (section 27(2)(f)).the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the preservation of life (section 27(2)(d)).the release of personnel of a national organ of state for the rendering of emergency services (section 27(2)(b)).the release of national government resources including stores, equipment, vehicles, and facilities (section 27(2)(a)).steps that may be necessary to prevent an escalation of the disaster or to alleviate, contain, and minimise the effects of the disaster (section 27(2)(n)).Constitutional overviews (by jurisdiction).Constitutional instruments and materials.
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