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 …
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.
Out with the state of national disaster
The proposed regulations seek to introduce a number of control measures that include surveillance and control of notifiable medical conditions; public health measures at points of entry; management of human remains; and finally the regulations relating to environmental health.
The Economic Freedom Fighters (EFF) said it would review draft regulations, but also called for vigilance to ensure the government did not “covertly turn regulations into law,” giving them the power to micro-manage the political terrain. and improve their ability to conduct illegal and corrupt procurement.
“[Covid] it has exposed an incompetent government that is engaged in corruption, even in the face of death, “the EFF said in a statement.
Specific concerns
The Democratic Alliance (DA) has been more specific in its concerns about regulations. Party MP Michele Clarke, in an open conversation with Health Minister Joe Phaahla, stressed that the draft regulation will eventually impose mandatory medical examinations, tests and treatment for certain Notifiable Medical Conditions (NMCs).
She complained that the draft regulation seemed to force people to get vaccinated against Covid-19 and gave the health minister the uncontrolled power to impose blockades and restrictions without requiring expert advice.
Clarke added that the draft regulation includes stringent requirements for a self-isolating place / house, many of which are simply not an option for the regular South African.
Out of place
But public health and constitutional law expert Petronell Kruger suggested that the district attorney was making a lot of noise about his specific concerns.
He said the current version of the NMC surveillance and control regulations already provided for mandatory medical examinations, prophylaxis, treatment, isolation and quarantine and was previously employed by the government.
“Therefore, it has always been theoretically possible to use regulations to enforce vaccinations in certain circumstances even before this amendment,” said Kruger.
Constitutional challenge
However, she said the main difference with the draft regulation was the removal of the court’s oversight procedure which, in her opinion, raised serious concern and raised the possibility of a constitutional appeal.
“The new amendment has an even broader scope than the national state of calamity provides. Another clear – and problematic – omission is the removal of mandatory counseling services. If we are to achieve public health goals in South Africa, sharing information and co-opting consensus is an important value to fight for, “said Kruger.
A public law expert, who asked to remain anonymous as he was involved in various government health trials, agreed, saying the issues raised by the district attorney were indeed part of the pre-Covid-19 notification conditions regulations.
“It is incorrect to say that these are new measures,” said the law expert.
In September, Safura Abdool Karim, a public health attorney at the University of the Witwatersrand, explained in an article posted on the university’s website that in 2020 Covid has become a notifiable condition under the Notifiable Medical Conditions Policy. , which have been in place for some time and are updated from time to time.
A notifiable condition is a disease that poses a significant risk to public health as it could lead to outbreaks that are fatal or seriously affect many people; which in SA includes cholera, listeriosis and tuberculosis.
– siphom@citizen.co.za
