Kayleigh May
Student number: 68021321
CSL2601 – Assignment 2
Date: 31/07/2021
, Question 1
1.1 The 1996 Constitution provides a number of formal requirements which must be
complied with to render government action valid, and also provides that the
Constitution is a supreme constitution, meaning it is the supreme law. The Bill of
Rights, also captured in the Constitution, contains the values which must guide the
legislature, as well as the executive and judiciary when applying provisions of the
Constitution.
The Disaster Management Act 57 of 2002 was established with the objective to
prevent or reduce the risk of disasters and lighten the severity thereof, as well as
ensuring fast and effective response to these disasters and the recovery thereof.
Section 27 of the DMA provides that the Minister may declare a national state of
disaster and may also make regulations concerning certain matters with regards
to the emergency, but subject to subsection (3), which reads as follows:
(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.
Section 8 of the DMA determines that a National Disaster Management Centre is
established as an institution within the public service, and that it forms part of and
functions in a department of state for which the Minister is responsible.
The concept of “rule of law” must be understood in the broader sense, being a
system of government in which the law reigns supreme. This is further reiterated
by the fact that the Constitution is supreme, contains an actionable Bill of Rights,
provides requirements for valid administrative action and demands that judges
Student number: 68021321
CSL2601 – Assignment 2
Date: 31/07/2021
, Question 1
1.1 The 1996 Constitution provides a number of formal requirements which must be
complied with to render government action valid, and also provides that the
Constitution is a supreme constitution, meaning it is the supreme law. The Bill of
Rights, also captured in the Constitution, contains the values which must guide the
legislature, as well as the executive and judiciary when applying provisions of the
Constitution.
The Disaster Management Act 57 of 2002 was established with the objective to
prevent or reduce the risk of disasters and lighten the severity thereof, as well as
ensuring fast and effective response to these disasters and the recovery thereof.
Section 27 of the DMA provides that the Minister may declare a national state of
disaster and may also make regulations concerning certain matters with regards
to the emergency, but subject to subsection (3), which reads as follows:
(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.
Section 8 of the DMA determines that a National Disaster Management Centre is
established as an institution within the public service, and that it forms part of and
functions in a department of state for which the Minister is responsible.
The concept of “rule of law” must be understood in the broader sense, being a
system of government in which the law reigns supreme. This is further reiterated
by the fact that the Constitution is supreme, contains an actionable Bill of Rights,
provides requirements for valid administrative action and demands that judges
