The Helen Suzman Foundation is heading to court to obtain an urgent order directing pertaining both Parliament and the national executive to perform their duty.
It wants them to prepare legislation that regulates the State’s response to the threat posed by Covid-19.
The foundation disagrees to the fact that staggering powers have been given to Co-operative Governance and Traditional Affairs Minister Dr Nkosazana Dlamini Zuma to make decisions of national importance.
It will argue that parliament and Executive were missing in action.
It claims that they failed in their duty to prepare or initiate legislation to regulate the State’s response to the threat posed by Covid-19.
The foundation filed papers this week with the Gauteng High Court, Pretoria, in which it said the matter was very urgent.
The government has until the end of this week to note whether it will defend the application.
However, if so, the government has until August 20 to file its opposing papers.
The Disaster Management Act, on the other hand, vested extraordinarily wide-ranging legislative and executive powers in the minister to deal with issues arising out of disasters.
He said while centralising power in the minister may have been justified by the sudden threat presented by Covid-19, this basic departure from the Constitution’s separation of powers could only endure for a limited period.
It should be until Parliament and the executive could gather themselves and exercise their legislative and executive functions in relation to threats posed by the pandemic.
Antonie said Parliament had a duty to pass legislation that regulates concretely the state’s response to the threats posed and harm caused by Covid-19.