Solidarity institutes legal action against new health regulations

5 May 2022

Solidarity today instituted legal action against the new health regulations published in the Government Gazette by the Minister of Health, Dr Joe Phaahla. According to Solidarity, the regulations are unlawful and irrational.

“The Department of Health’s dragging its heels in publishing the regulations led to the absurd situation where the South African public did not know by 23:00 last night what would hit them the next morning. This is totally unacceptable and it has taken the country back to family meetings and with the immediate effect of lockdowns,” Solidarity Chief Executive Dr Dirk Hermann said.

“The fact that the government admits in the Government Gazette that it needed more time to consider all the input from the public but is nonetheless gazetting the regulations, is an indication that the public comment process is regarded as a mere inconvenience by a government that would rather govern by dictate. Public input is not just for the semblance of participation but must indeed be considered. The government’s actions made a mockery of the public participation process and show the true colours of a government that wants to rule over citizens rather than in solidarity with citizens,” Solidarity Chief Executive Dr Dirk Hermann said.

Solidarity today already issued a legal letter to the Minister of Health in which the minister is requested to disclose how the decision on the regulations was reached. Moreover, there is major uncertainty about the legal framework within which these “limited regulations” function.

Solidarity’s legal team is also considering further legal steps to challenge the substance of the regulations.

The Department’s undue haste, clumsy and untransparent actions seem more like the actions of a government that is afraid of losing political leverage over its population rather than of one that is concerned about their health.

“The government has dragged its feet and has brought the urgency upon itself. Now it wants to steamroller through a rushed product that has to regulate our health. We are of the opinion that it is careless and reckless,” Hermann said.

“The most draconic and worrying of the new regulations is the fact that the minister of health can arbitrarily decide to enact or withdraw them. Practically, this means the minister can put the whole country into lockdown with no prior notice and no limits to this power. The huge uncertainty this creates in several sectors of the economy will have major consequences if the regulations remain as is. No mention is made of preserving the country’s healthcare capacity by the regulations. The only criterium is to curb the spread of Covid-19. Thus, through these regulations South Africa has traded a temporary pandemic for an eternal lockdown – we simply will not allow it,” Hermann concluded.

Issued by Connie Mulder, Head: Solidarity Research Institute (SRI), 5 May 2022