Madonsela says government should adapt regulations to the South African context

Former Public Protector Thuli Madonsela says government risks reversing major gains against the coronavirus outbreak through the implementation of often unreasonable regulations.

She was commenting on a recent High Court judgment that declared lockdown regulations under Level 3 and 4 unconstitutional and invalid.

Madonsela says while the judgment is problematic, the government should adapt the regulations to the South African context.

“I think the president was wrongly advised with the strategy that says people who need something they should apply. The databases on poverty should have been the starting point. In other words, we should have been proactive in looking at areas that were already red spots for poverty, child-headed households. I’m just saying you are borrowing a solution from China or some developed country and you are applying it in a developing country.”

President Cyril Ramaphosa and Health Minister Zweli Mkhize will add their voices to Cabinet’s defence of Alert Levels 3 and 4 lockdown regulations, which the High Court in Pretoria had earlier declared unconstitutional and invalid.

Co-operative Governance and Traditional Affairs, Nkosazana Dlamini Zuma, will seek leave to urgently appeal Tuesday’s court ruling which an organisation called Liberty Fighters’ Network had brought against Cabinet.

The court suspended the judgment for 14 days to allow Cabinet to amend the regulations and republish them.