Deadline for public comment on Covid-19 regulations extended as parties prepare to fight

15 April 2022 - 09:52 By TImesLIVE
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Member of the public have until April 24 to comment on the proposed Covid-19 regulations following the lifting of the state of disaster. File photo.
Member of the public have until April 24 to comment on the proposed Covid-19 regulations following the lifting of the state of disaster. File photo.
Image: 123rf/kellyermis

Parliament’s portfolio committee on health has announced the deadline for public comment on the proposed Covid-19 health regulations has been extended from April 16 to April 24. 

The extension was announced on Thursday after the committee was briefed by health minister Joe Phaahla on the proposed regulations. 

ActionSA has indicated its legal team is preparing an urgent high court review to challenge the regulations should they be made final in their present form.

The party accused co-operative governance and traditional affairs minister Nkosazana Dlamini-Zuma and Phaahla of acting outside their legal authority by proposing some of the regulations.

The party said the current regulations were unconstitutional and infringed on the rights of South Africans.

“ActionSA wants to make it unambiguously known that should these regulations be made final after the deadline for public comment , we will proceed to court on an urgent basis. Our legal team is readying the application in anticipation of having to approach the courts,” the party said.

Listing their grievances, ActionSA said the current rules were unacceptable because: 

  • They permitted government to conduct forced medical examinations, treatment, preventative care, isolation and quarantine provisions for those infected with any of the conditions listed.
  • The regulations are not in line with SA’s enforcement capabilities. With ambiguous enforcement mechanisms, enforcement will be subject to the whims of individual law enforcement.
  • The implementation of the regulations will inevitably lead to unequal treatment before the law as the consequences of compliance will be less severe for those with resources.
  • The regulations allow for exemptions from border entry requirements without detailing the specifications for such exemptions, leaving room for preferential treatment.
  •  The regulations do not provide for accountability of decision-makers who use their authority in an arbitrary manner, which creates the opportunity for abuse of power.
  • The inclusion of regulation 16M, which explicitly mentions potential future lockdowns and severe restrictions on economic activity, indicates government believes it should exercise its authority to limit economic activity when it feels justified to do so. Not only will the implementation of such restrictions actively damage the livelihoods of South Africans already living under the pressures of high unemployment, but its inclusion will further harm investor confidence in our country.
  • The persistence of limitations on gatherings remains in effect, with only 50% of a venue’s maximum capacity allowed , regardless of whether a venue is indoors or outdoors.

The chairperson of parliament’s health committee, Dr Kenneth Jacobs, expressed his frustration about resistance against the proposed restrictions.

I find it very strange and illogical that when one realises something is not in place and an attempt is made to put it in place, one objects to what is being put in place
Dr Kenneth Jacobs, chairperson of parliament's portfolio committee on health 

“When Covid-19 started, as a committee we were there. We were the committee at the coalface. We were right there with every attempt to save lives. We were driven to save lives and the economy. We were there at the onset and we urged the department to do certain things regarding the coronavirus, infection and the spread of the virus. We were  combating the spread of infections. We were there in the beginning when we said facilities needed to be put in place. We put up a fight for field hospitals, for ventilators, oxygen and so on.

“At every turn when something had been put in place we were the same people who objected to what had been put in place. I find it very strange and illogical that when one realises something is not in place and an attempt is made to put it in place, one objects to what is being put in place,” Jacobs said.

He stressed the regulations introduced during the pandemic contributed to lowering the rise in infections, and said there was no way the wearing of masks and other non-pharmaceutical interventions should be discontinued. 

He cautioned those who were opposed to the regulations to take into consideration that a change of season would bring about health changes.

“We have just come from the summer period and are going into winter. Other countries experienced increased numbers of infections during their winter. We are fortunate the Omicron variant was not as dangerous because the prevention strategies put in place by the department saved many lives.”

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