Did anybody ever ask if the police is even allowed to arrest someone for allegedly violating lock-down regulations?
Is there ever a condition, time or place where the police minister has the authority to ban the sales of any item?
I'm thinking about the ban on the sale of alcohol and tobacco, so I'm just looking at what I think are the relevant bits. So the President is allowed to do this:
CHAPTER 3 NATIONAL DISASTER MANAGEMENT
Part 2: Powers and duties of national government
Declaration of national state of disaster
27. (2) If a national state of disaster has been declared in terms of subsection (1 1. the Minister may, subject to subsection (3), and after consulting the responsible Cabinet member. make regulations or issue directions or authorize the issue of directions concerning
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(e) the regulation of traffic to. from or within the disaster-stricken or threatened area;
(f) the regulation of the movement of persons and goods to, from or within the disaster-stricken or threatened area;
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(i) the suspension or limiting of the sale. dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area:
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(n) other steps that may be necessary to prevent an escalation of the disaster. or to alleviate. contain and minimise the effects of the disaster;
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I can't see anything else that has any bearing on regulating the trade of anything.
So the above is totally subject to subsection (3), which says:
(3) The powers referred to in subsection (2) may be exercised only to the extent that this is necessary for the purpose of
(a) assisting and protecting the public;
(b) providing relief to the public;
(c) protecting property;
(d) preventing or combating disruption: or
(e) dealing with the destructive and other effects of the disaster.
So, the first point I want to make is that tobacco is nowhere explicitly mentioned.
It is difficult, I would say impossible, to claim that any of the clauses of (3) can be applicable to the sale of tobacco. The ban on the sale of tobacco is therefore void.
With regards to the sale of alcohol, 3(b) can be ignored. There is no way in which prohibiting the sale of alcohol can "provide relief to the public;"
As far as the other points are concerned, I want to state the following: All of the clauses of section(3) can only possibly be applicable to those aspects of the disaster brought about by the disaster. It cannot possibly be applicable to circumstances that existed before the disaster and which will without a doubt persist after the disaster has passed.
For instance, for 3(a) "assisting and protecting the public": If you want to claim that because of COVID-19 you need to ban the sale of alcohol to protect the public, you must demonstrate that COVID-19 created a need of protection which does not exist in the absence of Covid-19, one which cannot possibly be addressed in any other way.
This applies to all of the clauses of (3).
Ban alcohol to "protect property" in the presence of Covid-19? Why then not ban alcohol to protect property in the absence of Covid-19?
Etc.
The point is that the minister does not have the blank authority to ban the sale of alcohol. He needs to have very specific, detailed, rational and causal reasons for doing so - and those reasons must address issues around the disaster that cannot be met in any other way.
