LISTEN: Legal experts take aim at ‘ridiculous’ Covid-19 regulations

The Department of Health published the new rules to manage the Covid-19 pandemic this week.  

According to the latest regulations, imprisonment of up to 10 years can be imposed if someone - among others - do not wear a face mask indoors.

But experts say the regulations’ constitutionality should be challenged in court.

Former public protector Thuli Madonsela says the government does not have the power to promulgate legislation that restricts the rights of citizens.

"We have just completed a submission that will go to the minister of health on the long term effects of the regulations. The one that they say we must respond to by July.  We cannot have an executive rule on matters that constrain rights and freedoms so seriously as the next batch of regulations do. But with these shortened, limited regulations, we have just a few concerns like the wearing of masks.

“It doesn’t make sense that, whether indoors or outdoors, you have to wear a mask. The World Health Organisation has made it clear that transmission is mostly when you are indoors, and when you are outdoors, you are less likely to transmit. So it doesn’t make sense that we now have to wear masks even outdoors,” says Madonsela.

Madonsela believes the regulations need to go through Parliament.

"The regulations need to go back to the drawing board. They are just far too intrusive, and they are not in line with the World Health Organisation guidelines. And they have not even provided us with data on why they are doing what they are doing.

“So, we suggest that this matter should go to Parliament.

“This intrusion on our rights and freedom should be done by Parliament with us because there, we will have public participation and people can question the different ways of doing things. And in Parliament they will explore alternatives. It is not just going to be government saying this is what we do,” adds Madonsela.

Listen to Madonsela below: 

Meanwhile, criminal law expert at the University of Pretoria, Llewelyn Curlewis, believes the latest regulations are unconstitutional.

Curlewis believes government is guilty of an abuse of power.

"I will not be surprised if whoever takes the department to court is successful in setting aside some, if not all of the regulations. As it stands, they are enforceable pending any court action to challenge development. In terms of regulations, there are serious repercussions for contravention, one can be incarcerated for 10 years.

“There is a contradiction to the previous disaster management regulations. That in itself is indicative that there is a huge discrepancy between the initial and the current regulations. I do think that is totally ridiculous.”

Listen to Curlewis below:

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