Bheki Cele’s statements about alcohol and crime and his statements that he wishes alcohol could be prohibited even after lockdown suggest that he is using the lockdown to achieve other objectives is indicative of an abuse of power.

One gets the impression that he and other ministers, Fikile Mbalula and Lindiwe Sisulu are abusing their power to regulate under lockdown to further their own pet peeves, vendettas and projects.

The power to regulate should be left largely in the hands of the Minister of Health. This is after all a health emergency and all regulations should be narrowly focused to achieve the single objective of getting the Covid 19 epidemic under control.

As I read the Disaster Management Act, the only Minister authorized to issue regulations under that Act is the Minister designated by the President, in this case COGTA. The others can make regulations only under existing laws and processes including notice and consultation.

So when Ebrahim Patel tries to regulate the price of food and other basic goods and then promulgates regulations he is acting unlawfully. When police shut down a butcher for selling at inflated prices they are also acting unlawfully.

In terms of the Disaster Act the Minister may make Regs. only for:
(a) assisting and protecting the public.
(b) providing relief to the public;
(c) protecting property;
(d)preventing or combating disruption;or
(e) dealing with the destructive and other effects of the disaster.

To me it seems that other Ministers have the power to give “directions”. Some of them make directions that contradict the regulations. (Mabalula on taxis) Others stipulate criminal sanctions. I am pretty sure directions are only binding in state officials and agencies, not us.

Reading through the regs and directions the impression I am left with is that each minister is pretty much doing their own thing, with little coordination or planning. Fairly chaotic and plenty of dodgy law making. It’s going to be fun for lawyers.