Posts Tagged ‘COVID-19’

It is necessary to note that the legal position relating to arrest is unaffected by COVID-19 regulations. The Disaster Management Act does not suspend or restrict any right in the Constitution – all of which has been given expression to under the Criminal Procedure Act (51 of 1977 – the “CPA”) as interpreted by our Courts. This could be different if a state of emergency was or is declared (see section 37 of the Constitution). But no state of emergency has been declared – so that ordinary rights and laws regarding arrests prevail.

Reckless Ignorance of Law

Posted: 24th May 2020 by James Grant in COVID, COVID-19, Criminal Law, Regulations, Virus
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No person may be compelled to given an explanation to a police officer as to any circumstance in which she or he is found without infringing that person’s right to silence.

In what follows I include a single collated and updated document of all major regulations governing the lock down – guided by what will affect virtually everyone. The document is up to includes all regulations published on the government website or which I could otherwise trace.

The authority to impose restrictions during a disaster may be found in section 27 of the Disaster Management Act 57 of 2002. For ease of reference, I include a copy of section 27 below: A point on the rule of law requires mentioning. It deserves to be said that regulations based on section 27 (as […]