Covid-19

Maverick Citizen Analysis

Disaster regulations are not open to interpretation, as some ministers seem to think

Disaster regulations are not open to interpretation, as some ministers seem to think
JOHANNEBBURG, SOUTH AFRICA - MAY 11: A general view of people allegedly buying and selling cigarettes illegally during lockdown level 4 on May 11, 2020 in Johannesburg, South Africa. (Photo: Gallo Images/Papi Morake)

I often find myself shouting in frustration while watching an update by government ministers on the latest lockdown regulations, once the president has addressed the nation.

I’m pretty sure I am not alone. I do this because there has been a worrying trend of ministers and officials disputing or distorting the disaster regulations and their subsequent amendments. By doing this, they not only cause confusion among the public and law enforcement entities, but also muddy the real purpose of the regulations and lockdown.

In a constitutional democracy, one assumes that by the time the president makes an announcement, it is after rigorous and conclusive consultation with his ministers. Robust debate is encouraged, but open dissension creates an atmosphere of instability and a shaking of people’s confidence, especially  during a time of crisis. It creates a culture of uncertainty and instability when an official dismisses or seems to contradict a presidential announcement.

Nkosazana Dlamini Zuma is the Minister of Cooperative Governance and Traditional Affairs, and is not the ultimate decider on actions to be taken by the various government departments. Her job is to ensure a cohesive carrying out of governance by national, provincial and local government in partnership with traditional leadership structures. And in this instance, to chair the intergovernmental committee on disaster management established by the president, establish a National Disaster Management Advisory Forum and a national disaster management framework.

It is therefore peculiar that there seems to be a perception that she is in effect steering the government’s Covid-19 response. She isn’t.

The lead department assigned to deal with the Covid-19 pandemic is the Department of Health and it is Minister Zweli Mkhize’s job to decide, in consultation and cooperation with supporting government departments, on the way forward. All other ministers in this operation take their cue from him. This is not a safety and security crisis, neither is it a cooperative governance and traditional affairs crisis – it is a health crisis.

We cannot expect a disciplined response from citizens when ministers and officials openly challenge and misrepresent stipulated regulations, a prime example being the delinquent actions of municipalities evicting people during the lockdown, or people being told they need to produce receipts for being in possession of cigarettes.

We cannot afford to lose sight of the objective of the national lockdown regulations, as some of the decisions taken will have long lasting ramifications. The purpose of the regulations is not for ministers to settle scores on pre-Covid-19 issues. 

So while the reduction in crime is great on paper, as well as in real life, it is a false victory for the South African Police Services to claim as their own. It is not through their own crime-fighting strategies that this has been achieved. Similarly, while there have been far fewer accidents on our roads during this time, it is not as a result of the actions of the Department of Transport. It is because people have literally been in lockdown, under curfew and prohibited from driving around. With a ban on alcohol during Level 5 and 4, it’s equally obvious that there would be a massive reduction in drunk driving cases. 

And then there is perhaps the most talked about subject – cigarettes. Inasmuch as smoking causes respiratory issues, now is not the time to be furthering the agenda of those who would like to see a permanent ban on smoking in South Africa. 

In fact, these are red herrings and it is important that we are not distracted by them. Nowhere does it state that the function of the disaster regulations is to lower crime, reduce the death toll on our roads, or cut down on drinking and smoking. So how do ministers make this inference?

Ministers’ individual interpretations of the regulations sows misinformation and discord. For example, the question of the possession of cigarettes.  It is not a criminal offence to be in possession of cigarettes – what is a criminal offence is to sell cigarettes during Lockdown level 5 through 3. The notion of having to produce a receipt if found with cigarettes is pure conjecture on the part of the police minister.

The regulations, specifically section 45, simply says that the sale of tobacco and tobacco products is prohibited except for export. It says nothing about the prohibition of having them in hand and a requirement to prove where and when they were obtained. This amounts to a misunderstanding, misreading and distortion of the regulations by the minister, which will filter down to the police officers on the ground when enforcing what they perceive to be the law. The trouble with this is that it creates confusion and can lead to a violation of people’s rights.

What this reveals is a failure of government, as maintained by Musa Gwebani, the head of advocacy at the Social Justice Coalition, who was speaking in a webinar discussing the Collins Khosa judgement last week. 

She said “… because of a failure of creative thinking on the part of the state, some people will now find themselves with a criminal record.” This is because of unclear enforcement of the regulations, where we now see the criminalisation of people for non-criminal acts like walking on the beach or to the shop.

What would perhaps be useful is for the president to ensure that his cabinet understands that the regulations are not mere suggestions, but are clear directives. And where officials or ministers act counter to the regulations or misinterpret them, he needs to be seen to be holding them accountable. This is to ensure that there are no violations of citizens’ constitutional rights and that we remain focused on fighting the pandemic. DM/MC

Zukiswa Pikoli is a journalist at Maverick Citizen.

Gallery

"Information pertaining to Covid-19, vaccines, how to control the spread of the virus and potential treatments is ever-changing. Under the South African Disaster Management Act Regulation 11(5)(c) it is prohibited to publish information through any medium with the intention to deceive people on government measures to address COVID-19. We are therefore disabling the comment section on this article in order to protect both the commenting member and ourselves from potential liability. Should you have additional information that you think we should know, please email [email protected]"

Please peer review 3 community comments before your comment can be posted

X

This article is free to read.

Sign up for free or sign in to continue reading.

Unlike our competitors, we don’t force you to pay to read the news but we do need your email address to make your experience better.


Nearly there! Create a password to finish signing up with us:

Please enter your password or get a sign in link if you’ve forgotten

Open Sesame! Thanks for signing up.

We would like our readers to start paying for Daily Maverick...

…but we are not going to force you to. Over 10 million users come to us each month for the news. We have not put it behind a paywall because the truth should not be a luxury.

Instead we ask our readers who can afford to contribute, even a small amount each month, to do so.

If you appreciate it and want to see us keep going then please consider contributing whatever you can.

Support Daily Maverick→
Payment options

Become a Maverick Insider

This could have been a paywall

On another site this would have been a paywall. Maverick Insider keeps our content free for all.

Become an Insider

Every seed of hope will one day sprout.

South African citizens throughout the country are standing up for our human rights. Stay informed, connected and inspired by our weekly FREE Maverick Citizen newsletter.