The government is considering extending the national state of disaster despite the cabinet’s promise that it would end on March 15, because it has yet to finalise alternative legislation to manage Covid-19.
The government declared a state of disaster in mid-March 2020 in response to the pandemic, using its sweeping powers to impose regulations controlling the movement of people, the size of gatherings, mask wearing in public, curfews, and periodic bans on the sale of alcohol and tobacco.
While the economy has largely opened, big live sports events and large concerts are still not allowed. That is even as increasing rates of vaccination and levels of immunity from prior infections have seen the pandemic stabilise and become less deadly.
The issue of lifting the state of disaster has been high on the government’s agenda this week and was discussed at a national coronavirus command council meeting on Tuesday and by the cabinet on Wednesday.
The council was set up after the start of the outbreak and has attracted controversy as critics question its legal and constitutional standing.
Officials and advisers are divided on what restrictions can still be imposed, and on timelines for implementation. The cabinet is due to hold a post-meeting briefing on Thursday.
In his state of the nation address on February 10, President Cyril Ramaphosa committed to lifting the state of disaster as soon as the government had devised other measures to contain and manage the pandemic. The cabinet subsequently said the state of disaster would be lifted once the current period ends on March 15.
The DA and the Western Cape government have recently stepped up their campaign for an end to the state of disaster, arguing that it is no longer an appropriate tool for dealing with the pandemic as infections and hospital admissions wane.
The number of recorded Covid-19 cases has dropped steadily since the fourth wave peaked in December. The seven-day rolling average of new cases was 1,582 on March 7, a fraction of the December 17 peak of 23,437, according to Our World in Data. Hospital admissions stand at slightly less than 2,500, down from more than 9,600 in early January, according to government figures.
Several sources privy to the national coronavirus command council discussion have confirmed to Business Day that regulations to the National Health Act have been drafted, including measures for mask wearing. Two insiders said there was disagreement over whether these regulations should be immediately brought into effect without public consultation.
The act gives the health minister discretion about whether to seek public comment — which is the norm — or bring regulations into immediate effect. Regulations to the act are usually published at least a month before their intended implementation date to allow for consultation. Regulations cannot replace all the measures the government introduced under the state of disaster, such as restrictions on alcohol sales and curfews.
All the sources who spoke to Business Day said ending the state of disaster would leave the government with less flexibility to respond to a sudden rise in Covid-19 infections.
Business Day understands the government has received legal advice indicating alcohol bans and curfews would not be possible without a state of disaster in place. The cabinethas also been weighing up the risk of a legal challenge if it introduces new regulations without public consultation.
University of KwaZulu-Natal epidemiologist Salim Abdool Karim, who previously chaired the health minister’s advisory committee on Covid-19, said the government faced a difficult balancing act.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.