Lockdown: You have the right to sue government, I won't stop you - Cyril Ramaphosa


President Cyril Ramaphosa says every South African has the right to approach the courts and even he, as president, could never stand in the way of anybody exercising that right.

In his weekly newsletter on Monday, the president said: "While we would prefer to avoid the need for any legal action against government, we should accept that citizens who are unhappy with whatever action that government has decided on implementing have a right to approach our courts for any form of relief they seek.

"This is a normal tenet of a constitutional democracy and a perfectly acceptable practice in a country founded on the rule of law."

Ramaphosa cited a poll in 2018 by the Pew Research Centre, which showed that South Africans were strongly inclined to take political action about issues they feel most strongly about, such as healthcare, education, freedom of speech and corruption.

"We have an active civil society ever ready to safeguard our fundamental freedoms and rights."

The president said a journalist asked him whether he was concerned at the pending litigation challenging certain provisions of the Disaster Management Act.

"This law is the basis for all the regulations promulgated under the national state of disaster we declared to combat the coronavirus. Since the start of this crisis, a number of people have exercised their right to approach the courts," Ramaphosa said.

"The lockdown regulations were challenged in the very first week of the lockdown by a private citizen from Mpumalanga who wanted an exemption from the travel prohibition to attend a funeral.

"In the seven weeks that have followed, there have been legal challenges from a number of individuals, religious bodies, political parties, NGOs and from business organisations against one measure or more of the lockdown provisions they were unhappy with.

'Criticism helps us adapt'

"Some have succeeded in their legal challenges and some have not. Some who approached the courts on the basis of the urgency of their cases had their urgency arguments dismissed and others have found other avenues for the relief they sought. Others have subsequently withdrawn their applications following engagement with government."

Ramaphosa said there has been, and will continue to be, robust and strident critique of a number of aspects of government's national response to the coronavirus, from the data modelling and projections, to the economic effects of the lockdown, to the regulations.

"As government we have neither called for such critique to be tempered or for it to be silenced. To the contrary, criticism, where it is constructive, helps us to adapt and to move with agility in response to changing circumstances and conditions.

"It enriches public debate and gives us all a broader understanding of the issues at play. We have consistently maintained that we rely on scientific, economic and empirical data when it comes to making decisions and formulating regulations around our coronavirus response.

"To the greatest extent possible under these challenging circumstances, we aim for consultation and engagement. We want all South Africans to be part of this national effort. The voices of ordinary citizens must continue to be heard at a time as critical as this."

Heavy toll on South Africans

The president said the coronavirus pandemic and the measures implemented to combat it have taken a heavy toll on the country's people.

"It has caused huge disruption and hardship. Although we can point to the progress we have made in delaying the transmission of the virus, there is still a long way to go. The weeks and months ahead will be difficult and will demand much more from our people."

Ramaphosa emphasised that the pandemic will continue to place an enormous strain on the country's society and institutions.

"Even as we gradually open up the economy, the impact on people's material conditions will be severe. For as long as this is the case, the potential for conflict, discord and dissatisfaction will remain.

"As we navigate these turbulent waters, our Constitution is our most important guide and our most valued protection. Our robust democracy provides the strength and the resilience we need to overcome this deep crisis.

"Just as government appreciates that most court applicants are motivated by the common good, so too should we recognise that the decisions taken by government are made in good faith and are meant to advance, and not to harm, the interests of South Africans."

Saving lives is biggest priority

The government's foremost priority remained to save lives, Ramaphosa said.

"Our every decision is informed by the need to advance the rights to life and dignity as set out in our Constitution.

"We will continue to welcome different – even dissenting – viewpoints around our national coronavirus response. All viewpoints aid us and help us to work better and smarter. The exercise of the fundamental freedoms of expression, association and speech is a barometer of the good health of our democracy.

"But, much more than that, these rights are essential to the success of our national and collective struggle to overcome the coronavirus."

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