The DA claims in Constitutional Court papers that the national lockdown under the Disaster Management Act (DMA) is unconstitutional, and it has called for the legislation to be amended to give the National Assembly more oversight powers.
The party is taking the government to court in two separate matters which challenge the validity of some aspects of the lockdown.
Steenhuisen said the DMA allowed for the unconstitutional delegation of Parliament’s powers to the executive and gave Corporate Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma “exceedingly broad powers”. In addition, Steenhuisen argued that the National Assembly was not allowed to scrutinise executive action, as was constitutionally required.
“And yet the president has not declared a state of emergency … and Parliament has been given no say in any of this”.The court application is not an effort to end the national lockdown, Steenhuisen’s affidavit explains, but rather to ensure parliamentary oversight of the national state of disaster.
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