END "TEMPORARY" STATE OF DISASTER

Why this case?

Sakeliga is persisting with a court application in the High Court in Pretoria to prevent the Disaster Management Act from being abused in the future to enforce draconian measures through regulation. Sakeliga further wants to prevent a state of disaster from being extended time and time again without there objectively being a disaster. Sakeliga also asks the court that the National Disaster Management Center’s failure over several months to determine whether Covid-19 meets the definition of a “disaster” to be declared illegal and unconstitutional, and that the most recent extension of the Disaster State in February, 2022 set aside. Sakeliga also calls for the Minister’s extension of the Disaster State in the absence of a classification of the National Disaster Management Center of Covid-19 as a “disaster” and “national disaster”, to be illegal and unconstitutional.

Even though the state of disaster has been lifted, this case remains important to maintain pressure for in case the government wishes to revert to draconian law making through regulation.

Case details

Status: Active

Case commenced: 11 March 2022

Court:
High Court: Pretoria

Next court date: 
Unknown. Sakeliga is still waiting on the respondents to deliver records of decision making.

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6 April 2022Sakeliga instructs its legal team to proceed with the case, despite the apparent termination of the national disaster by the Minister of Cooperative Governance. Sakeliga wants to proactively prevent future transgressions, as have been sustained over 2 years.
4 April 2022​Government ends disaster in name while clinging to permanent powers.
11 March 2022​Sakeliga files founding court papers and the litigation commences.

COURT PAPERS

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