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National Health Act Amendments: Make Your Voice Heard

The sections below provide information about the draft amendments to the National Health Act, as well as two videos that break it all down, a summary of the public participation process and an introduction to our Voluntary Association that stands against these amendments.

The form at the bottom of this page can be used to submit your comments to the Director General of the Health Department, all Members of Parliament, and DearSA. Make your voice heard!

What is wrong with the proposed amendments to the National Health Act?

Umm, where do we start…

  1. The regulations make the state of disaster regulations permanent.
  2. The Minister of Health can list any disease as a “notifiable medical condition” (NMC) without consulting the public or parliament.
  3. “Risk of transmission” will be considered more important than the severity of the disease as a common cold could be designated an NMC.
  4. You can be forced to test for any medical condition.
  5. You can be forced to submit to a medical examination.
  6. You can be forcibly detained in a government quarantine or isolation facility if you are deemed to have been exposed to someone with an NMC or even just “suspected” of having contracted a NMC.
  7. Forced hospitalisation and medical treatment which could include vaccination, being put on a ventilator, or being forced to take Remdesivir.
  8. Vaccine mandates for any gathering over 1,000 people indoors or 2,000 outdoors which would obviously affect religious gatherings.
  9. Face masks will be compulsory for indoor gatherings and public transport.
  10. Social distance of one meter must be maintained.
  11. Indoor and outdoor gatherings may be occupied up to 50% of the venue capacity, provided valid vaccine certificates are presented. Gatherings where no vaccine certificates are required will be limited to 1,000 and 2,000 people for indoor and outdoor gatherings respectively.
  12. All people who are entering or exiting South Africa during a pandemic must be either vaccinated or provide proof of a negative PCR test that is no older than 72-hours.
  13. Continued restrictions will be applied to night vigils and after funeral gatherings.
  14. Failure to comply with any of the above would result in an unspecified fine and/or jail for up to ten years.

And much, much more… For example, the regulations also provide the possibility for additional restrictions referred to as “advice giving” (?) which may come from different government departments and relate to economic activity, lockdowns, curfew, the sale of alcohol, and wearing of crocs with socks.

The Act, in its current form, is available here. The proposed amendments to the Act are here.

Comments from PANDA

PANDA (Pandemics Data & Analytics) has made their comments on the Proposed Regulations available in a 55-page document, available below.

Read PANDA’s Comments
Video Explainers

Video 1: Jarrette Petzer (also available here)

Video 2: Errol Naidoo

Message from Adv Sabelo Sibanda in five languages:

English:

Afrikaans:

Sepedi:

Zulu:

Xhosa:

How does government handle amendments to existing leglislation?

Summary: The Minister doesn’t have to consult us nor Parliament with regard to approving amendments to regulations attached to an Act. The opportunity for public participation is a bit of a miracle – this is a gap that we need to take and must not be wasted. 

Regulations added to an Act are regarded as “subordinate legislation” and determine how the law or act is enforced or carried out.

The approval of regulations is apparently not part of the law-making process as they don’t have to undergo any parliamentary nor public participation and consultation and they are determined by the relevant minister.

Surprise! This is clearly a major flaw in policy formation! 

We have been offered an opportunity in this instance. However, the Minister can choose ignore it all. So, let’s grab this chance with both hands and ensure that our voices and objections are heard!

An explanation of the public participation process, and a link to Dear South Africa’s campaign

Petitions are counted as one submission even if they contain thousands of signatures.

Properly administered public participation ensures that each comment is recognised and counted as an individual submission by Government.

  • There is no age limit requirement, and anyone can present their comments.
  • You can make multiple submissions over a period of days and each submission will be counted separately.
  • Dear SA keeps an accurate record of all participation and provides a report to the public at the end of each project. This report can be used in legal action should this become necessary.

To assist people who have no access to data, or the internet, be an active citizen and collect their written objections which you can submit to Dear South Africa by sending an email to [email protected], or by uploading directly to the Dear South Africa website using the button below and using [email protected] in the form.

Watch Rob Hutchinson of Dear South Africa explain what they do

Click here to have your say via DearSA

Note: The deadline for public comment is 24 April 2022 after being extended from 16 April 2022.

Email your comments to the Minister, Dear SA and Members of Parliament

Email your objection to the Director General, plus Members of Parliament (MPs), with DearSA on copy.

Do you agree with us that there is something dangerous and very wrong with what is going on?

We want to know why, as far as we are aware, not one Member of Parliament has said anything about this matter although the contents of the health act have been known for some time.

Could it be that our Members of Parliament see nothing wrong with regulations that are in conflict with our Constitution and our Bill of Rights?

How could this be possible?

Is this acceptable?

We think we deserve some answers to the above questions. Our Bill Of Rights and sovereign freedoms are in danger. Why are our Members of Parliament not protecting us and our rights? 

Please email our Members of Parliaments with your concerns! Let the records show that they knew what they are doing is wrong and why. They will be held responsible and deemed complicit if they remain silent and these regulations are passed.

Using the form below, we will send an email to the Director General and all Members of Parliament. We will also add DearSA on copy, and you will receive a copy of the emails that are sent (see details in the form below).

Join a voluntary association that stands against the amendments, if passed

What is a Voluntary Association?

A Voluntary Association is an entity found in common law and is ordinarily used for the achievement of a common goal between its members. Voluntary Associations are the most common legal form of NPO in South Africa.

No office of registry exists for Voluntary Associations. The Voluntary Association is therefore freed from many restrictions and limitations that could be imposed by the system.

Forming a Voluntary Association requires only that three or more people agree to achieve a common objective that is primarily not-for-profit. Whereas Section 30 of the old Companies Act (61 of 1973) limited the number of Members of an Association or Partnership to 20, Section 8(3) of the New Companies Act (71 of 2008) does not.  

A Voluntary Association can participate in court action.

Who can start a Voluntary Association?

Everyone and anyone can, and should, feel free to open a voluntary association with the same purpose and intention so that, in the event the regulations are promulgated (passed into law), we can continue to mobilise and effectively challenge this decision.

Why do we want to create this Voluntary Association?

  • To make clear that we do not consent to the proposed amendments (Government Gazette, Vol 681 15 March 2022 No. 46045, Government Notice NO.1877) to The National Health Act of 2003.
  • To unify, assemble, mobilise and empower our combined voices of Non-Consent.
  • To be able to stand against the proposed amendments (Government Gazette, Vol 681 15 March 2022 No. 46045, Government Notice NO.1877) to The National Health Act of 2003 should they be passed into law by the government.

Notice of Non-Consent

Without prejudice or malice aforethought and in peace,

Kindly take notice that I do not consent to any of the proposed amendments (Government Gazette, Vol 681 15 March 2022 No. 46045, Government Notice NO.1877) to The National Health Act of 2003

I have inherent, natural inalienable, God-given rights – they cannot be taken away from me by any act of legislation.

Some of these rights are enshrined in the Bill of Rights, which is our sovereign law, is deemed the supreme law of the land, and supersedes all other law.

Please refer to Chapter 2:

Section 7 – I have the right to human dignity, freedom and equality.
Section 9
– You may not discriminate unfairly against me directly or indirectly based on my religion, conscience and belief.
Section 10
– I have the right to dignity, freedom of choice and also, my privacy.
Section 11
– I alone have the right to my life.
Section 12(2)
– I alone have the right to make decisions concerning my ability to reproduce, the security and control of my body. I also have the right to informed consent. In terms of the common law, this right includes the right to refuse medical treatment.
Section 15
– I have the right to freedom of conscience, religion, thought, belief and opinion.

The proposed amendments (Government Gazette, Vol 681 15 March 2022 No. 46045, Government Notice 1877) to The National Health Act of 2003 are contrary to my rightsm and the Bill of Rights, and these amendments are illegal and unlawful, and therefore null-and-void.

How the Health Act amendments are linked to the WHO pandemic treaty

We would also like to highlight the fact that the amendments, as drafted, will inevitably be linked to the World Health Organisation’s (WHO) pandemic treaty. The outcome of this treaty is that the WHO Constitution will override our own constitutional freedoms and rights, thereby allowing them to take control of our health – as well as every other aspect of our daily lives – through lockdowns and other draconian regulations.

The WHO pandemic treaty is the “what” and the drafted amendments to the National Health Act are the “how”.

WCH: First Open Letter on the WHO’s Pandemic Treaty

Send your objections to Government, and join the Voluntary Association

5 August 2022 Deadline for public comments
1,335 comments Sent to Government and MPs
324,253 comments Sent via Dear SA
This form is no longer available
The deadline for comments has now passed.
We will make the separate voluntary association membership form available in the coming days.
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