New health rules replacing state of disaster ‘risk’ failing constitutional test

The removal of the judicial oversight and mandatory counselling services in the draft regulations to the National Health Act has been red-flagged as a grave concern that raises the possibility of a constitutional challenge. According to the health department, the proposed regulations seek to introduce control measures which include the surveillance and the control of notifiable medical conditions – like Covid. The draft proposed regulations currently out for public comment forms part of the government’s transition from the national state of disaster for a specific legal instrument to manage current and future pandemics. https://twitter.com/GovernmentZA/status/1511315477062168578 Out with national state of disaster…