State of emergency allowed only under threat of war, invasion, disaster, says law expert Pierre de Vos

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A state of emergency gives the president extreme powers to issue regulations. It’s almost like government by decree, says De Vos.

There are growing calls for the government to declare a state of emergency amid violent protests in parts of the country.As calls mount for the declaration of a state of emergency in SA amid violent protests, constitutional law expert Prof Pierre de Vos explains what this entails and what steps the government should take before making a proclamation.

“When you have declared the state of emergency, it gives the president extreme powers to issue regulations such as the state of disaster. It’s almost like government by decree,” he said. De Vos explained that unlike the state of disaster, the regulations in a state of emergency do not — to some extent — have to comply with the provisions of the bill of rights.

 

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