However, judgment on some aspect of the relief was postponed.
The FF Plus’ court bid challenging the constitutionality of the Disaster Management Act has been dismissed by the Gauteng High Court in Pretoria on Monday.
The party argued that the Act does not contain safeguards against potential abuse of power, saying a state of disaster gave unrestricted power to the Minister of Cooperative Governance and Traditional Affairs and does not provide for judicial or parliamentary oversight.
As for parliamentary oversight, Mlambo explained that it would not be necessary for the Disaster Management Act to make provisions for this because it does not provide for any constitutional deviations. Mlambo clarified in his judgment that it requires a particular circumstance to declare a state of disaster, including, for example, when the life of the nation is threatened.
“It would have been an obviously irrational and illegal act for her to have done so,” Mlambo maintained. “These safeguards are in place under the state of disaster, and there was no constitutional imperative on the part of the second respondent [the minister] to declare a state of emergency in order to give effect to them,” he said.
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