The Covid 19 Pandemic is officially and LEGALLY OVER
Assert and enjoy your long overdue Constitutional freedoms
Context: South Africa
The 4th May 2022 should be celebrated for years to come because one second into today, or one second after midnight, the Covid 19 Pandemic legally ended, fully restoring South Africans to pre State of Disaster days. This means no more legally enforceable masks, anywhere including indoors which includes all shops, shopping malls, offices and similar commercial properties, no more social distancing, no more hand sanitizing, no more Covid 19 restrictions whatsoever, NOT ONE! Will the legacy media cover this? It should, it should be banner headlines, but probably not. One has to ask the question WHY?
This short, less than 600 word article sets out the very simple legal position. Use it as you choose, share it as you will, spread this good news.
On the 4th April 2022 Ramaphosa declared the State of Disaster terminated at midnight on that day; but why did he do so? Well due to legal civil protest and legal action against the ANC government’s unlawful extension of the State of Disaster. The ANC government would have had to answer to legal proceedings regarding the ongoing State of Disaster on the 5th April and they would have lost. So rather than lose face, the ANC government capitulated under civil protest and pending legal proceedings and terminated the State of Disaster at midnight on the 4th April 2022. The ANC government bullies ran when confronted.
But Ramaphosa, emboldened by the dictatorial power he and his cronies had enjoyed over the last two years would have one last spiteful bully bite at the Covid 19 totalitarian cherry and extended the revised Covid 19 regulations for a further thirty (30) days, announcing that these were temporary measures which would fall away after thirty days.
Earlier on the 4th April, Dlamini Zuma had published what would be her final set of amendments to the regulations under government notice No R 1986, a copy of which may be found here. These regulation came into force one second into the 4th April because they can only be made during the State of Disaster and not after it has been terminated. Legal experts are of the opinion that these regulations never came into place because the State of Disaster was revoked at midnight on 4th April. The regulations can only exist under the State of Disaster and so they fell away at midnight. This is now a moot point, because the thirty days have passed and Ramaphosa’s temporary measures are no longer in force.
Why only thirty days, and can Ramaphosa simply extend the thirty days? The answer is NO, Ramaphosa cannot extend the thirty days. Section 27 of the Disaster Management Act, and headed Declaration of a National State of Disaster covers this subject. A copy of the full Disaster Management Act may be found here.
Section 27 (5) covers the declaration and termination of a State of Disaster summarized below:
· The initial declaration automatically lapses three months after declaration.
· The State of Disaster may be extended by the Minister by notice in the Government Gazette for one month at a time before it lapses. These are extensions Dlamini Zuma has been making on or about the 15th of each month. The last extension made by Dlamini Zuma was on the 4th April and the extension came into force one second into the 4th April. This means extension ends on month from this date, specifically one second into the 4th May.
The State of Disaster has legally terminated, including the maximum extensions, so South Africans enjoy your well overdue Constitutional freedoms and politely assert these everywhere, in shops, at sporting and other events and in places of worship. Do not allow yourself to be bullied by petty dictatorial persons who have been emboldened during the State of Disaster.
Wow, Thank you Eric.
Excellent Eric