`alarming’
Mungo Soggot
Human rights observers are alarmed by the suggestion of an African National Congress MP that the National Assembly should not have the power to veto a declaration of a state of emergency.
If the State of Emergency Bill now before Parliament includes this week’s suggestion by Willie Hofmeyr, an influential member of the portfolio committee on justice, it would vest the power to declare an emergency solely with the president.
Hofmeyr says the Constitution provides ample checks against abuse of states of emergency, particularly since it empowers the courts to overturn any declaration. He says few countries have checks as extensive as in South Africa.
But the Human Rights Commission (HRC) protested this week that if Hofmeyr’s suggestion was adopted, it “would be particularly alarming” because a court ruling on a state of emergency could take two to three weeks.
The HRC said that the Bill as it stands empowers Parliament to “disapprove” the declaration of a state of emergency.
The Constitution holds that if the National Assembly does not vote to extend the declaration of a state of emergency, it lapses after 21 days.
“This is why it is vital Parliament be given the power to revoke the President’s declaration, while such declaration is still in its infancy,” the HRC says.