On 15 March 2020 a National State of Disaster was declared.
The declaration is invalid as it does not meet the criteria for a 'disaster' as set out by the DMA.
This declaration must be set aside and regulations consequently issued must be declared invalid.
The declaration is invalid as it does not meet the criteria for a 'disaster' as set out by the DMA.
This declaration must be set aside and regulations consequently issued must be declared invalid.
The declaration stated:
"Considering the magnitude and severity of the COVID -19 outbreak which has been declared a global pandemic by the World Health Organisation (WHO) and classified as a national disaster by the Head of the National Disaster Management Centre,"
"Considering the magnitude and severity of the COVID -19 outbreak which has been declared a global pandemic by the World Health Organisation (WHO) and classified as a national disaster by the Head of the National Disaster Management Centre,"
It is however not upon the WHO nor on the NDMC to determine what constitutes a 'disaster' ito the DMA.
The DMA itself provides a definition for 'disaster' and only in terms of this definition may a disaster be declared.
The DMA itself provides a definition for 'disaster' and only in terms of this definition may a disaster be declared.
"Up to 45,000 South Africans are expected to die from Covid-19 over the next two to three years, says one of the eminent doctors advising President Cyril Ramaphosa"
"This is a shocking number, but it is much lower than an earlier estimate of between 120,000 and 150,000 fatalities."
timeslive.co.za/news/south-afr…
timeslive.co.za/news/south-afr…
Dr Glenda Gray, a member of the Ministerial Advisory Committee (MAC) and chairperson of the South African Medical Research Council (SAMRC), said the lockdown should be eradicated completely, ..."
"... and that non-pharmaceutical interventions (NPI), such as handwashing, wearing masks, social distancing and prohibitions on gatherings, should be put in place. "
m.news24.com/SouthAfrica/Ne…
m.news24.com/SouthAfrica/Ne…
According to Stats SA
P0309.3 Mortality and causes of death in South Africa: Findings from death notification 2017
42 202 South Africans died from diseases of the respiratory system and
78 562 South Africans died from certain infectious and parasitic diseases in 2017.
P0309.3 Mortality and causes of death in South Africa: Findings from death notification 2017
42 202 South Africans died from diseases of the respiratory system and
78 562 South Africans died from certain infectious and parasitic diseases in 2017.
The Stats SA report also indicates that in the 3 years up to and including 2017;
93 225 South Africans died from tuberculosis
60 044 South Africans died from Influenza and pneumonia.
93 225 South Africans died from tuberculosis
60 044 South Africans died from Influenza and pneumonia.
In his speech announcing the lockdown President Ramaphosa stated:
“I am concerned that a rapid rise in infections will stretch our health services beyond what we can manage and many people will not be able to access the care they need.”
“I am concerned that a rapid rise in infections will stretch our health services beyond what we can manage and many people will not be able to access the care they need.”
On 9 April the President stated:
"Our approach is to screen in communities and test people in hospitals, clinics and mobile clinics, to isolate those who are infected, and to care for those who are ill in our health facilities."
"Our approach is to screen in communities and test people in hospitals, clinics and mobile clinics, to isolate those who are infected, and to care for those who are ill in our health facilities."
On 20 April the President stated:
“Our goal is to steadily reduce the alert level by keeping the rate of infection down and getting our health system ready for the inevitable increase in cases.”
“Our goal is to steadily reduce the alert level by keeping the rate of infection down and getting our health system ready for the inevitable increase in cases.”
And also,
“The transition to the next phase of the coronavirus response, that of recovery, will be more difficult than the present one. The risk of infection outbreaks will increase. The demands on our clinics and hospitals and medical personnel will grow.”
“The transition to the next phase of the coronavirus response, that of recovery, will be more difficult than the present one. The risk of infection outbreaks will increase. The demands on our clinics and hospitals and medical personnel will grow.”
On 11 May the President stated:
“Imposing a nation-wide lockdown gave our country a strategic advantage. It bought us valuable time to prepare our health system and put in place containment measures.”
“Imposing a nation-wide lockdown gave our country a strategic advantage. It bought us valuable time to prepare our health system and put in place containment measures.”
It is common cause that the majority of our citizens cannot cope with any health emergency within the scope of ‘using only their own resources’.
"These schemes have 4.02 million registered members, serving a total of 8.87 million beneficiaries."
businesstech.co.za/news/lifestyle…
"These schemes have 4.02 million registered members, serving a total of 8.87 million beneficiaries."
businesstech.co.za/news/lifestyle…
The definition of ‘disaster’ in the DMA provides for the following:
“disaster” means a progressive or sudden, widespread or localised. natural or human-caused occurrence which-
“disaster” means a progressive or sudden, widespread or localised. natural or human-caused occurrence which-
(a) causes or threatens to cause-
(i) death, injury or disease;
(ii) damage to property, infrastructure or the environment; or
(iii) disruption of the life of a community; AND
(i) death, injury or disease;
(ii) damage to property, infrastructure or the environment; or
(iii) disruption of the life of a community; AND
(b) is of a magnitude that EXCEEDS the ability of those affected by the disaster to cope with its effects using only their OWN RESOURCES.
Declaring a state of disaster on the basis of government’s lack of resources seems to fall outside the ambit of the DMA.
Should this fall within the ambit of the DMA then South Africa would be in a permanent state of disaster given the permanent constraints of the public healthcare system.
This conclusion is untenable.
This conclusion is untenable.
On 20 April President Ramaphosa stated that:
“There can be no greater anguish than that of a parent whose children cry out to them for food, but they have none to give .
."
“There can be no greater anguish than that of a parent whose children cry out to them for food, but they have none to give .
."
" ... Over the past three weeks, we have been confronted with distressing images of desperate people clamouring for food parcels at distribution centres and of community protests against food shortages.”
It would rather appear that the declaration of a disaster in terms of the DMA and the subsequent lockdown regulations have created a ‘disaster’ in itself as defined by the DMA.
This current 'disaster' does not meet the standard set for a 'disaster' in terms of the DMA.
As such the court should be asked to declare all actions and regulations issued under the current 'state of disaster' invalid.
As such the court should be asked to declare all actions and regulations issued under the current 'state of disaster' invalid.
