ARTICLE: LITIGATION BY THE HELEN SUZMAN FOUNDATION REGARDING RESPONSIBILITY FOR THE MANAGEMENT OF THE COVID19 CRISIS
2020-05-22
The FW de Klerk foundation welcomes the Helen Suzman Foundation’s (HSF) application, direct to the Constitutional Court, to declare that Parliament, the President and the Cabinet have failed to fulfill their obligations under the Constitution to prepare and adopt legislation to regulate the state’s response to the threat posed by COVID19.
The HSF has asked the Court to direct the Cabinet and Parliament to prepare and adopt such legislation – and to declare that the powers that the Minister of Cooperative Governance has assumed under the Disaster Management Act to manage the crisis will be terminated as soon as the requested legislation has been adopted.
This article will consider the factors that have determined the course of events during the past 26 years of ANC rule. They include jockeying for position between the various factions within the Alliance; the contest between ideology and pragmatism; and the temptation to translate political power into personal enrichment.
No right-thinking South African doubted the necessity of the lock-down for the past three weeks. President Ramaphosa was widely lauded for his decisive and clear leadership. The majority of South Africans adhered to the regulations of the past three weeks, because we believed that the infection curve would flatten and that lives would be saved. Many excused the unintended consequences of police and defence over-reaction, and even understood that the curtailment of basic human rights may be necessary for the greater good. When our president announced a two-week extension of the lock-down, he was emphatic that some regulations would be relaxed in due course. Most of us understood the need for the extension, and we welcomed the prospect of the relaxation of the regulations to help the economy’s recovery.
