Prof Thuli Madonsela pens an open letter to Cyril Ramaphosa
Stellenbosch University Law Trust Chair in Social Justice professor Thuli Madonsela has penned an open letter to President Cyril Ramaphosa raising her concerns about government's handling of the COVID-19 pandemic.
She joins Bongani Bingwa to give more insight on her letter.
I don't question that the government placed the country under a lockdown, it was necessary and it has saved lives. The challenge came when the lockdown was extended indefinitely and while businesses were closed down, food parcels were going to some places and not all places.Professor Thuli Madonsela, Law Trust Chair in Social Justice - Stellenbosch University
The R350 that had been promised had not started to reach people, she says.
She says she still believes that people shouldn't be allowed to go to church, however, even if you desperately needed your pastor to come to your house to pray with you because of the anxiety that came with COVID-19, you couldn't do that.Professor Thuli Madonsela, Law Trust Chair in Social Justice - Stellenbosch University
She says she was worried that even though her foundation was helping a few people, there were so many other people who were not being helped.
There are two key challenges to the lockdown and those are social justice and reasonableness, which are both protected in the constitution, she says.
Reasonableness has two key components, the one is the legal component, in terms of Section 36 of the Constitution, the government has a right to limit rights except rights relating to equality, life and human dignity.Professor Thuli Madonsela, Law Trust Chair in Social Justice - Stellenbosch University
Government is justified in limiting the right to movement in Section 21, the right to trade in Section 22 and all the other rights, but those limitations need to be reasonable. Reasonableness requires that there has to be a purpose for limiting that right which the government has a purpose which is to contain COVID-19.Professor Thuli Madonsela, Law Trust Chair in Social Justice - Stellenbosch University
However, the government has to explore other ways to achieve the same purpose that are less intrusive, she says.
I felt that a lot of the things that were done could have been achieved in other ways.Professor Thuli Madonsela, Law Trust Chair in Social Justice - Stellenbosch University
Listen below to the full interview:
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