PRESS RELEASE: GOVERNMENT ENDS STATE OF DISASTER – KEEPS EXTRAORDINARY POWERS

Press release

5 April 2022

For immediate distribution

Government ends state of disaster but retains extraordinary powers

Government terminated the National State of Disaster with effect from midnight on 4 April 2022, bringing to an end a period of two years and three weeks since the COVID-19 pandemic was first declared a national disaster on 15 March 2020 by Nkosazana Dlamini-Zuma.

In the notice terminating the State of Disaster, the Minister confirmed that transitional regulations, issued under the Disaster Management Act, 2002, will remain in force for a further 30 days. These regulations include requirements that individuals produce either proof of COVID-19 vaccination or a negative COVID-19 test result not older than 72 hours in order to attend gatherings of more than 1,000 people indoors or 2,000 people outdoors. Gatherings below these thresholds are not subject to entry requirements.

FOR SA welcomes the end of the disaster declaration

Freedom of Religion South Africa (FOR SA) welcomes the formal termination of the State of Disaster. However, the organisation has raised serious legal concerns about the continued regulation of society under the Disaster Management Act once the disaster declaration has ended.

“The Minister is expressly empowered to issue regulations or directions only while a state of disaster is in force,” said Daniela Ellerbeck, legal advisor to FOR SA. “Once a state of disaster is no longer declared, the Disaster Management Act does not grant the Minister authority to continue regulating society through regulations.”

Ellerbeck added that the Act clearly states that, in the absence of a declared state of disaster, government must respond to a national disaster using existing legislation and contingency arrangements, which may not be supplemented or expanded by new regulations or directions.

No justification for continued restrictions

“The State of Disaster has been ended precisely because COVID-19 is no longer regarded as a severe threat to public health,” said Michael Swain, Executive Director of FOR SA. “Government can no longer demonstrate that extraordinary powers are required to take exceptional measures in order to ‘save lives’.”

Swain added that there is therefore no justifiable legal, scientific, or logical basis for continued limitations on religious freedom rights.

“There is simply no reason for these severe restrictions on religious gatherings and religious practice to remain in force for even one additional day,” he said.

ENDS