It could not be immediately established if Ramaphosa and others were opposing the application.
In his founding affidavit, the foundation’s director, Francis Antonie, said the foundation had lodged the application because Parliament and the Cabinet had failed to pass the law on Covid-19. "The Covid-19 crisis has required difficult decisions and urgent responses about which reasonable people might disagree," he said, acknowledging the enormous burden that has fallen on the shoulders of Ramaphosa and the government.
Antonie maintained that the Cabinet and Parliament had failed in their constitutional duties to exercise the legislative and executive authority to deal with Covid-19. "It is evident that Parliament and the national executive believe that the minister can exercise her power for as long as Covid-19 presents a threat. This could be for months or even years, meaning that the state's response to Covid-19 will remain exclusively within the subjective purview of the executive branch of government."
Modise also said there was no mandatory obligation on Parliament to pass the legislation as sought by the foundation.