Lawyers hit Ramaphosa with another letter over lawfulness of the NCCC

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Lawyers hit Ramaphosa with another letter over lawfulness of the NCCC

President Cyril Ramaphosa, 22 August 2019. Picture: Gallo Images

The two legal professionals are additionally questioning who made the determination to ban the sale of cigarettes throughout the nationwide lockdown to curb the unfold of the coronavirus.

In another letter directed at President Cyril Ramaphosa, two legal professionals have given the Presidency till Monday to make clear what decision-making powers got to the National Coronavirus Command Council (NCCC).

The two legal professionals are additionally questioning who made the determination to ban the sale of cigarettes throughout the nationwide lockdown to curb the unfold of the coronavirus.

Advocates Nazeer Cassim SC and Erin-Dianne Richards have responded to a sharply worded letter by the director-general in the Presidency, Dr Cassius Lubisi.

In the 14-page response, dated 8 May, the two stated they discovered it suspicious there was no transparency in the NCCC which gave the impression to be making choices on the pandemic.

In their preliminary letter to Ramaphosa, the two high-profile advocates sought readability on the legislative causes or different bases for the institution of the NCCC in addition to its powers.

In his response, Lubisi stated the related ministers took choices in phrases of laws assigned to them.

He used his letter to induce the pair to return up with options as an alternative of criticising the authorities and cautioned them to behave in accordance with their position of officers of the courtroom.

“Our purchasers are shocked by the tone of the letter. To the extent that the president authorised the issuing of the letter, it’s regrettable,” the letter in response to Lubisi learn.

“More perturbing, nevertheless, than the tone of the letter is its content material. The letter fails to reply the questions raised. The letter solely provides to the confused communication that has plagued authorities’s statements about the NCCC so far.”

Richards and Cassim added the Presidency was unable to clarify the place the NCCC sourced its decision-making energy legally.

They stated they might discover no provision in the Disaster Management Act that countenanced such a delegation to the NCCC.

In their view, the physique could possibly be one of two issues: It was both a “co-ordinating physique”, not entitled to any decision-making powers; or it was a lawfully established decision-making physique exercising powers delegated to it by the president and countersigned by Cabinet as required by the Constitution.

“In this case, the documentation supporting this delegation must be simple to supply.”

They stated the “new energy that was immediately being wielded by the NCCC appeared to us to mark an about-turn from the place articulated by the President in his first deal with [to the nation].

“We had been involved, however thought-about that it might have been a slip of the tongue or a communication malfunction.”

Motivating their argument, the advocates questioned Ramaphosa on his preliminary determination to permit the sale of cigarettes beneath stage 4 of the lockdown which was quickly recanted. Shortly after, Cogta Minister Nkosazana Dlamini-Zuma introduced the Cabinet had reversed the determination after deliberation.

This left many in the nation confused and questioning the president’s powers inside his personal Cabinet.

“If the NCCC is a correctly established, constituted and authorised physique, it might not want to hunt ratification of its choices. To the extent that the NCCC just isn’t correctly established, constituted and authorised, it’s our opinion that any determination it has taken or will take is illegal, and it’s uncertain that Cabinet is empowered to ratify an illegal determination by an illegal physique.”

They stated they “had been amenable to partaking with Ramaphosa which is in the pursuits of all involved”, by Monday at 13.00pm.

Ramaphosa this week denied there was any agenda in reversing the determination to permit tobacco gross sales.

He instructed reporters in KwaZulu-Natal the solely pursuits they’d was the well being of residents in making the determination.

For extra information your approach, Orignaly Published on https://citizen.co.za  and 

live at 2020-05-10 10:52:40

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