ActionSA to Approach the Courts to Challenge Health Act Regulations

10 May 2022

ActionSA can announce that it will be seeking leave to join legal action instituted against the Minister of Health this week, by DeaarSA and Afriforum.

This action arises directly from the Minister gazetting an extension to the period for public comment while, simultaneously, publishing Regulations to the Surveillance and the Control of Notifiable Medical Conditions: Amendment 2022 in the Government Gazette.

As a direct consequence of the Minister’s actions, sections of the draft regulations have been given the full effect of law and permit government to restrict gatherings, movement across our borders, masking mandates and entry to public spaces. The regulations give the Minister powers to create and amend legislation at whim, with no accountability mechanisms for the abuse of such sweeping powers.

The gazetted regulations are preposterous. They are unconstitutional, they are unlawful and they are procedurally irrational. This will be the focus of ActionSA’s legal application that will be argued by our Head of Strategic Litigation and member of our Senate, Adv Gill Benson.

ActionSA’s application will take the form of an amicus curiae (friend of the court) application to the papers lodged by DearSA and Afriforum.

South Africans have emerged from the Covid-19 pandemic severely impacted by the irrational and power-hungry actions of our government that restricted our constitutional freedoms in a manner consistent with our government’s lack of respect for the Constitution. While the world is opening up and returning back to normal it is outrageous that our government is introducing wide-ranging powers to have a Minister unilaterally create legislation to limit our freedoms.

ActionSA stands with freedom loving South Africans who are having to work tirelessly to recover from the cruel personal, economic and social impact of this pandemic. In doing so we will pursue legal action as far as may be necessary to prevent our government from imposing any further limitations upon our freedoms.

Issued by Herman Mashaba, President, Action SA, 10 May 2022