Disaster Management Act Litigation

The HSF’s concern regarding the Disaster Management Act centred on its delegation of legislative power to the Executive in the form of wide-ranging regulation making power. The HSF sought to offer an interpretation of the DMA on which it functioned as a short-term measure, designed to act in the face of the immediate demands of a disaster scenario. Ultimately, the HSF sought to force Parliament to act in the course of its ordinary powers and provide a legislative response to the Covid-19 pandemic. The HSF was unsuccessful at the High Court and later applied to the SCA for leave to appeal, having been refused leave by the High Court. Unfortunately, the SCA refused leave to appeal.