HSF Briefs

Helen Suzman Foundation | Apr 08, 2015
Sorted by date
The Lockdown Is Unconstitutional - Part III
May 08, 2020
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Matthew Kruger

The series concludes by arguing that the purpose for and process by which the powers under the Disaster Act have been exercised are unlawful and irrational, for they are structured by a near-total, comprehensive failure by government to understand what the Constitution is all about.

The Lockdown Is Unconstitutional - Part II
May 08, 2020
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Matthew Kruger

The Disaster Management Act is the legislation through which the Minister has effected the current lockdown. In this brief, the purpose and limits of the powers afforded to the executive by the Disaster Act are considered, and it is explained that despite their exceptional nature, these powers must be interpreted and exercised consistently with the transformative vision articulated in the first brief.

The Lockdown Is Unconstitutional - Part I
May 08, 2020
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Matthew Kruger

Matthew Kruger argues that the purpose and process by which Minister Nkosazana Dlamini Zuma has locked South Africa down is unconstitutional. In this first brief, it is explained that the state, in all that it does, has a constitutional duty to respect, protect, promote and fulfill the transformative vision that suffuses the whole constitutional order.

Hand Hygiene During The Covid-19 Epidemic
Apr 22, 2020
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Nhlanhla Mnisi

In an epidemic where so much remains unknown and where fear is widespread, it is important to enable all persons at risk to feel a sense of agency in relation to their own safety. Two elements are considered here: education about the importance of hand hygiene, and the provision of adequate quantities of usable water and sanitation to make thorough hand washing possible.