The call by the African National Congress for a State of Disaster to be declared over the energy crisis has come as a surprise to organised business, given that only a few months ago President Cyril Ramaphosa said this been considered but that legal advice was that it could not be implemented, business organisation Business Leadership South Africa (BLSA) CEO Busi Mavuso writes in her weekly newsletter. “A State of Disaster triggers emergency powers that can limit Constitutional rights. The relevant legislation provides reasons to declare a State of Disaster, particularly to assist and protect the public, provide relief, protect property and prevent and combat corruption. Under a State of Disaster, the executive can issue regulations that limit rights but only if, in doing so, they achieve the objectives of the state of disaster,” she outlines.
