The State knew a national state of disaster was invalid – court papers 

7 March 2023

Solidarity today submitted its supplementary affidavit to court in its case against the national state of disaster declared about the energy crisis. In its affidavit Solidarity argues that the record submitted by the state indeed validates the case against the state of disaster. 

“There is little, if any correlation between the minister’s stated motivations and the record allegedly submitted in support thereof. As it is, the minister herself informed the president on 23 January that existing legislation and other regulations were sufficient to deal with and address the energy crisis,” Anton van der Bijl, Solidarity’s Deputy Chief Executive for Legal Matters explained. 

Continuing, Van der Bijl said: “Similarly, the National Centre for Disaster Management (NDMC) informed the minister in its documents dated 6 February, only two days prior to the announcement of the state of disaster, that a state of disaster could not be justified. However, when the government changed its mind on 8 February the NDMC itself warned that litigation for a variety of reasons was likely.”

According to Solidarity, it is quite clear from the State’s court papers that the decision-making process to implement a state of disaster was irrational, vacuous and flawed. 

“The record has plenty proof of leaps of logic; suspect timing and unfounded argumentation processes. It is indicative of a clear rejection of the recommendations made by stakeholders who are, by far, in a better position than the minister to assess the extent of the situation,” Van der Bijl contended. 

“A state of disaster can only be lawfully declared if it is to provide fast and efficient relief. The excessive delay between the announcement of the state of disaster and the announcement of the regulations in itself proves the fact that the declaration of the state of disaster was unreasonable and ill-considered. Irresponsible and unlawful behaviour can never be tolerated. We cannot just rely on the goodwill of a government that has proven itself incompetent time and again by indeed creating the crisis,” Van der Bijl concluded.

Issued by Connie Mulder, Head: Solidarity Research Institute, 7 March 2023