Constitutional obligations of Parliament during Covid-19 pandemic
5 April 2020
Parliaments all over the world are grappling with the effect of the COVID-19 pandemic on their Constitutional obligations, such as, oversight, lawmaking and public involvement.
In South Africa, the social distancing and subsequent national lockdown periods coincided with the scheduled constituency programme of Parliament, during which Members of Parliament (MPs) are required to work within their communities across the country. In terms of the national lockdown regulations, MPs fall within the category of essential services.
A National State of the Disaster is an extraordinary measure, involving matters of life and death within a country. It is the Executive’s responsibility to ensure that it safeguards the rights of individuals during these difficult times and for Parliament to oversee delivery of services needed to relieve the burden of the COVID-19 pandemic on the public.
In performing its constitutional obligations during this period, Parliament must not be seen as interfering with the responsibility of the Executive to implement measures for which the National State of Disaster has been declared. It remains the responsibility of the Executive to deliver much-needed services to save the lives of individuals.