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Due to the anarchy in KwaZulu-Natal, many are calling for President Cyril Ramaphosa to declare a State of Emergency.
Among those calling for Ramaphosa to take the decision is the Beer Association of South Africa. “With incidents of criminality continuing in areas across KwaZulu-Natal and Gauteng, the beer industry is calling on the national government to urgently declare a state of emergency and drastically increase the number of South African Defence Force (SANDF) officers deployed in hot spot areas in these provinces.” Their call echoes the Consumer Goods Council of South Africa, the Durban Chamber of Commerce, and the former National Director of Public Prosecutions, Advocate Vusi Pikoli.
In a statement by Gavin Kelly – Chief Executive Officer: The Road Freight Association, he explained, “A State of Emergency needs to be declared – immediately. The time has come for the gloves to be taken off.” Stressing, law and order need to be restored, and the perpetrators/ instigators/inciters of the violence and destruction of the economy be harshly dealt with. “The Minister of Police previously referred to such activity as economic sabotage. Then the government needs to treat it as such and deal with it in the appropriate manner. The country’s infrastructure, people’s lives and livelihoods and the right for all citizens to live in a safe environment have all been trampled upon by those who wish to have their will imposed.”
With organisations and people calling for a State of Emergency, false news has circulated stating that if implemented, the President loses power, handing over the country to the Vice President. Therefore to clear up the mass confusion, here is the breakdown: (P.s. Stop sharing “information” before verifying it.)
- A state of emergency may be declared only in terms of an Act of Parliament, and only when the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency and the declaration is necessary to restore peace and order.
- While the right to life and human dignity must still be protected, under a state of emergency, rights such as the right of freedom of movement and social-economic rights are dismissed until the state of emergency is lifted. This was explained by Cathy Powell, Associate Professor in Public Law – the University of Cape Town, during an interview with CapeTalk 567AM.
- In addition, according to the State Emergency Act (No. 64 of 1997), any regulation, order, rule or bylaw made in pursuance of the declaration of a particular state of emergency, or any provision thereof, shall cease to be of force and effect.
- Once declared, it lasts for only 21 days; all extensions will have to come from parliament from there.
- According to the act, the President is authorised to make regulations and to prescribe penalties for any contravention of or failure to comply with the provisions of such orders, rules or bylaws.
- The imposition of such penalties as may be specified therein for any contravention of or failure to comply with the provisions of the regulations or any directions issued or conditions prescribed by or under the regulations, which penalties may include the confiscation of any goods, property or instruments by means of which or in connection with which the offence has been committed. (Now that’s a mouthful).
With this in mind, what are your thoughts? Do you believe the President should take the steps?
Or do you feel we should still have the freedom of movement?
Share your thoughts in the comment section below.
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