Skip to main content

THE POST-STATE OF DISASTER HEALTH REGULATIONS: BEWARE THE "IDES OF DESPOTIC POWER"

    The eminent promulgation of regulations to manage conditions of epidemics and pandemics without the necessity of declaring a national state of disaster has evoked many an emotion in society. Whilst these regulations are published for public comment with the possibility of them being amended to accommodate society's perspectives, the intent of government on this aspect is represented by its initial thoughts on how to regulate society. We now know what is in the mind of the state about us, on this specific issue. Comments on these regulations will be based on what is proffered as a departure point.  There is no likelihood of working from a clean slate, but the given slate is the thesis with which we can synthesize or antithesize. 

Being law, these regulations are more about the legality of what the government intends to do to enforce what they have agreed is the public health intervention required to deal with the pandemic. At the level of regulations in terms of the health act, the disaster targeted posture of the proposed regulations will be at variance with the rights of citizens guaranteed by the Constitution. The introduction of law enforcement officers to act on suspicion of a health condition, including the arbitrary power to quarantine as well as to disperse gatherings has trappings of health scare driven martial law. 


The very fact that the regulations are occasioned by a pandemic whose basis is still scientifically or otherwise contested should be worrisome enough to procure caution from a constitutional democracy such as ours. The two years within which South Africa was 'ruled' through 'regulations', and the capacity of society to demand accountability being reduced should not be allowed to be curated as health scare regulations with which decrees are legitimized. The normative underpinnings of these regulations seem to be etched in the institutionalized intents of the interests which the vaccine producer complex has in South Africa, as a market. The quest for the permanence of the state of disaster regulations as a health outcomes management necessity introduces the abolition of the inviolability of law, a chief characteristic of a dictatorship. 


The pandemic brought back to South Africa a context wherein state apparatuses that were inherently established to pursue a rule by law type of government, the power to act according to discretion for the 'public good'. The paternal power that these regulations procure for the state over its citizens, under the guise of health scares, will create a grey area between the noble intents to curb infectiousness and the arrival of despotic power over citizens by organs of state. Readout of the context of state power abuse, these regulations might give an impression that they represent material justice and can therefore dispense through formal justice. The allocation of power to decide on the sovereign individual's rights to make personal health decisions to 'organs of state' and 'professionals' creates jurisdiction over a right-based jurisdiction already guaranteed by the Constitution. It would be the political elements subsumed into the legalistic posture of the regulations that will remove the presumption of jurisdiction the Constitution has already put in place as the normative of our democracy.


It is my submission that these regulations are more about the enlargement of the scope of discretion the government wants without having to declare a state of national disaster. The power that these regulations will have over gatherings might be abused to limit free political activity, including freedom of assembly. In a context where pandemics and epidemics require a state of national disaster to be declared, jurisdiction over the reasons for the disaster has a time frame and can be curated into a legislative and regulatory framework dealing with the nature of the disaster.  As we have observed, the little discretionary power COVID19 gave to the National Coronavirus Command Council almost created a rule by decree save for the fact that the Constitutional Court became an arbiter of final instance to regulate to the omnipresence of dictatorship as a trait in the political of ant society. CUT!!!


🤷🏿‍♂️A ndzo ti vulavulela

Comments

Popular posts from this blog

The DD Mabuza I know, dies a lesson to leadership succession mavericks.

When we completed our Secondary Teachers Diploma, together with two cohorts that followed us, at the Transvaal College of Education, and we later realised many other colleges, in 1986, we vowed to become force multipliers of the liberation struggle through the power of the chalk and chalkboard.   We left the college with a battle song ‘sesi bona nge sigci somoya, sesi bona nga madol’nkomo, Siyaya siyaya’. We left the college with a battle song' sesi bona nge sigci somoya, sesi bona nga madol'nkomo, Siyaya siyaya'. This song, a call to war with anyone, system, or force that sought to stop us from becoming a critical exponent and multiplier to the struggle for liberation, was a powerful symbol of our commitment. We understood the influence we were going to have on society. I was fortunate to find a teaching post in Mamelodi. Mamelodi was the bedrock of the ANC underground. At one point, it had a significantly larger number of MK operatives than several other townships. Sa...

Farewell, Comrade Bra Squire, a larger-than-life figure in our memories: LITERALLY OR OTHERWISE

It’s not the reality of Cde Squire's passing that makes us feel this way. It is the lens we are going to use to get to grips with life without him that we should contend with. A literally larger-than-life individual who had one of the most stable and rarest internal loci of control has left us. The thief that death is has struck again.  Reading the notice with his picture on it made me feel like I could ask him, "O ya kae grootman, re sa go nyaka hierso." In that moment, I also heard him say, "My Bla, mfanakithi, comrade lucky, ere ko khutsa, mmele ga o sa kgona." The dialogue with him without him, and the solace of the private conversations we had, made me agree with his unfair expectation for me to say, vaya ncah my grootman.    The news of his passing brought to bear the truism that death shows us what is buried in us, the living. In his absence, his life will be known by those who never had the privilege of simply hearing him say 'heita bla' as...

Celebrating a life..thank you Lord for the past six decades.

Standing on the threshold of my seventh decade, I am grateful for the divine guidance that has shaped my life. I am humbled by the Lord’s work through me, and I cherish the opportunity He has given me to make even the smallest impact on this world.  Celebrating His glory through my life and the lives He has allowed me to touch is the greatest lesson I have learnt. I cherish the opportunity He has given me to influence people while He led me to the following institutions and places: The Tsako-Thabo friends and classmates, the TCE friends and comrades, the MATU-SADTU friends and comrades, the Mamelodi ANCYL comrades, the ANC Mamelodi Branch Comrades, the Japhta Mahlangu colleagues and students, the Vista University students and colleagues, the Gauteng Dept of Local Government colleagues, the SAFPUM colleagues, the  SAAPAM community, the University of Pretoria colleagues, the Harvard Business School’s SEP 2000 cohort network, the Fribourg University IGR classmates, the Georg...