Do the Covid-19 Regulations Pass the Constitutionality and Rationality Test in South Africa?
In the wake of the Covid-19 pandemic that has, reportedly, decimated populations around the world, the South African government came up with far-reaching interventions ostensibly to “flatten the curve” of the infection rate of this pandemic in the country.
This paper explores the constitutionality and rationality of some of those interventions. The two principal questions it asks – and seeks to answer – are
why has government elected to anchor its intervention to fight a virus in the Disaster Management Act which seems designed to deal with other types of disasters?
what is the rational connection between some of these interventions, on the one hand, and purposes specifically set out in the empowering legislation, on the other?
Along the way, an attempt is made at addressing some of the arguments that have been advanced in defence of the measures that government has taken to “flatten the curve” of Covid-19 infections.