New health rules that replace the constitutional test of the “risk” of the state of disaster

The removal of judicial oversight and mandatory counseling services in the draft regulation of the National Health Law has been flagged as a serious concern that raises the possibility of a constitutional appeal. According to the health department, the proposed regulations aim to introduce control measures that include surveillance and control of notifiable medical conditions – such as Covid. The proposed draft regulation currently awaiting public comment is part of the government’s transition from a national state of disaster to a specific legal instrument to manage current and future pandemics. https://twitter.com/GovernmentZA/status/15113154777062168578 Out with the state of national disaster …