FF Plus challenges constitutionality of DMA
The Gauteng High Court (Pretoria) will hear the FF Plus challenge to the constitutionality of the Disaster Management Act and the validity of the decision to declare a National State of Disaster today.
This, notes Business Day, will be the first court challenge to the constitutionality of the legislation – the framework for the Covid-19 lockdown and which resulted in the creation of the National Coronavirus Command Council.
The DA is also challenging the constitutionality of the Disaster Management Act but directly to the Constitutional Court, which has indicated it will consider arguments in the DA’s application for direct access.
The High Court has already found, in a separate matter, that levels four and three regulations are invalid and unconstitutional.
The government is, however, appealing this judgment.
This case did not deal with the constitutionality of the Disaster Management Act but with the regulations gazetted by the government.
The FF Plus is arguing that sections of the Disaster Management Act are inconsistent with the Constitution.
It wants the court to declare the Act unconstitutional and invalid because it is not subject to oversight by the National Assembly or judicial oversight.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
