Dr. Dlamini-Zuma, in her function as the Minister of Cooperative Governance and Traditional Affairs is, in terms of the Disaster Management Act invoked by herself on 15 March 2020, the only Cabinet member responsible under Section 27(2) of the Disaster Management Act for the implementation and enforcement of any measures in terms of the disaster; which is something she claims does exist, both in fact and in law and which has been strongly and successfully contested by LFN in various challenges before various courts since May last year.
“At this point in time, no other person in the country is empowered to do that, be that a president, a janitor or a guy jumping up and down in a strawberry hat,” so LFN President Reyno De Beer. “Whatever anybody else says on TV, YouTube or on social or mainstream media, for as long as it has not had the Minister’s stamp of approval on it, it has as much relevance to us here as if a bowl of Chow Mein was dripping over a bicycle in China.”
At the end of last year, LFN and its President, during their ongoing legal challenge against the Minister, became aware that the Minister had likely acted in Contempt of Court. This was challenged earlier this year before the Pretoria High Court. It was found that, given the seriousness of the allegation – and the seriousness of a potential conviction – the Minister would require to have more time available to prepare her defence as was given under the circumstances. For that reason, the matter was ordered to be struck off the urgent Court roll at that time.
On June 24, 2021 LFN had sent a Letter of Demand to the Minister in which the prevailing position of law was emphasised. In this letter, LFN demanded from the Minister to immediately cease enforcement of the DMA Regulations imposed by her, for reasons explained therein, and which reasons have been pleaded and / or argued extensively by LFN and its President, Reyno De Beer, since May 2020 before the High Court in Pretoria, the Supreme Court of Appeal and the Constitutional Court in Johannesburg.
The Minister was given 5 days to announce her cession to the public, by way of publication in the Government Gazette. It was made clear that, in the alternative, LFN would re-enrol its earlier Contempt charge, something to which it is entitled and which it will pursue, given that for actual reasons unknown, other than propaganda, the country was moved from so-called “Level 1” to “3” (or higher), making the Contempt charge relevant again.
In a poll held earlier among LFN supporters, the overwhelming majority of participants had declared that they would prefer a civil procedure, possibly leading to a criminal conviction, over a police investigation, likely having the same result. As a pleasant surprise, it was found that the trust in the integrity of our judiciary outweighs the trust into the abilities by our police by 2:1. Following the intention by the majority of its supporters, LFN shall enrol the matter before the Court, should the need arise to do so.“Nobody has an interest to see the Minister locked up; it would not change anything. What we do have an interest in is the Minister taking steps into the right direction. We believe that she knows exactly what to do,” De Beer concludes.
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