Amendments to the Health Act give unvetted powers to the Minister of Health similar to a State of Disaster
14 October 2020
Note to Editors: Please find attached soundbite by Siviwe Gwarube MP.
Health Minister Zweli Mkhize’s late night introduction of amendments to the Regulations Relating to the Surveillance and the Control of Notifiable Medical Conditions, 24 hours before the extended National State of Disaster under the Disaster Management Act expires is deeply concerning. It gives an impression of a government desperate to retain power over its citizens even outside of a legitimate State of Disaster by giving powers to the Minister which will allow him and the Executive to impose far reaching restrictions.
These regulations are attached to the existing National Health Act of 2003 and are now being amended to introduce sections akin to the Disaster Management Act to normalise snap government interventions. They give the Minister of Health or more broadly, the Executive, unlimited powers to impose restrictions that will impede civil liberties.
More importantly, these powers conferred to the Minister via the backdoor of the regulations make no provision for Parliamentary oversight and allow the Executive to impose restrictions without any checks and balances.