The Supreme Court of Appeal will today hear an appeal arising from an urgent application earlier this year challenging the constitutionality of the National Coronavirus Command Council (NCCC) and the rationality of the lockdown regulations.
The application, brought by concerned citizens Mpiyakhe Dhlamini, Duwayne Esau, Tami Jackson, Lindo Khuzwayo, Neo Mkwane, and Scott Roberts, was dismissed by the Western Cape High Court in June, and by the Constitutional Court in July.
The applicants launched their action with the objective of clarifying the NCCC’s constitutional validity, and, more broadly, the scope of government powers under the Disaster Management Act (DMA).
One of the appellants, Duwayne Esau – who joined the IRR as Strategic Communications Officer subsequent to the initial application – said the outcome of the appeal could have significant implications for how the government deals with national crises in the future. Clarity was needed both on the government’s powers under the DMA, and on the constitutional validity of the NCCC.
Esau said yesterday: ‘This court case is about our Constitution and its sanctity. We decided to approach the courts, as it should not be up to the government to interpret laws and bills as it pleases.
‘What we want is clarity. Our belief is that the government acted irrationally and overreached its powers.’
Today’s hearing was reportedly to be live-streamed by the SABC.