REQUEST FOR REASONS IN TERMS OF SECTION 5 OF THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000 (“PAJA”)

REQUEST FOR REASONS IN TERMS OF SECTION 5 OF THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000 (“PAJA”)

21st April 2020 Uncategorised 0

CALUSA letter to Premier – PAJA request for reasons – final 21.4.2020

21 April 2020

To: The Premier, Eastern Cape Province
Lubabalo Oscar Mabuyane, Mr
And To:
The Member of the Executive (MEC)
Eastern Cape Department of Health
The Superintendent General
Eastern Cape Department of Health
The Member of the Executive (MEC)
Eastern Cape Department of Public Works
The Eastern Cape Provincial Executive
CC:
The Minister
National Department of Health,

Dear Honourable Premier

REQUEST FOR REASONS IN TERMS OF SECTION 5 OF THE
PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000 (“PAJA”)

1. This letter from structures of civil society makes follow-up to our previous letter dated 16 April 2020 which sought clarity on issues related to the processes followed in respect of the transfer of people infected with COVID-19 to the Mioca Lodge in Cala.
2. After careful consideration of the statements of the Premier and the MEC for health, we are convinced that the issues we sought clarity on in our previous letter have not been addressed.

3. We believe that our constitutional and statutory rights are materially and adversely affected by this administrative action by the Province, given that –
3.1. We are members and representatives of the communities living in and around the Mioca Lodge in Cala, within the Sakhisizwe Municipality;
3.2. The State (including local, provincial and national government) bears a constitutional and statutory duty to provide for access to health care for all residents within its jurisdiction;
3.3. The communities represented herein have corresponding constitutional and statutory rights of access to health care;
3.4. The communities represented herein are not properly capacitated to deal with the COVID-19 pandemic, having inadequate healthcare, social and economic infrastructure; and
3.5. The transfer of patients infected with COVID-19 to the Mioca Lodge, seemingly without an adequate healthcare plan to prevent the spread of the virus throughout our communities, fails to appropriately provide for our right to inter alia access to health care.

4. In the circumstances, and pursuant to section 5 of the PAJA, we hereby request adequate reasons for the following administrative action:
4.1. the decision to relocate patients affected with COVID-19 to Mioca Lodge outside Cala; and
4.2. The decision to further relocate those same patients away from Mioca Lodge on 17 April 2020.

5. In requesting such reasons, we seek clarity on the following issues:
5.1. The containment plan to ensure that those patients do not spread COVID-19
to the surrounding areas;
5.2. What has happened to the personnel of the Mioca lodge and the security company, Ibhubesi likaNoni since they were in contact with the patients? Have they been tested?
5.3. Proof of the readiness of the Sakhisizwe Municipality’s public healthcare system and workers to adequately care for the COVID-19 patients;  5.4. Proof of the readiness of the Mioca Lodge to ensure that COVID-19 is not spread throughout the surrounding communities;
5.5. Proof of the measures taken by the Sakhisizwe Municipality’s public healthcare system and workers to prevent any further spread of COVID-19
to the surrounding areas;
5.6. The healthcare plan for if and when COVID-19 does reach the Sakhisizwe Municipality’s communities; and
5.7. Reasons why the surrounding communities were not consulted on this decision.

6. We note that section 5(2) of the PAJA requires that you provide us with such adequate reasons within 90 (ninety) days of receiving this request. We submit that this matter is urgent given that it concerns our basic rights as contained in the Constitution of the Republic of South Africa, 1996, and accordingly request that you provide those reasons within 30 (thirty) days, namely by 22 May 2020 at the latest.

7. We note further that, if you fail to provide adequate written reasons, section 5(3) of the PAJA stipulates that the decisions you have made will be regarded as decisions with no good reasons, and that this is a sufficient basis for inter alia judicial review.

8. Kindly provide your adequate reasons to CALUSA via electronic mail, at the
address f.ncapayi@gmail.com

Written on behalf of:
1. Cala University Students Association – CALUSA
2. Cala Reserve Planning Committee
3. Cala Ratepayers Association
4. Elliot Advice Centre
5. Elliot Residence Association
6. South African National Civic Organisation – SANCO (Sakhisizwe)
7. South African Youth Council – Sakhisizwe
8. Siyazakha Land Rights and Development Forum
9. Vulamasango Singene Campaign

For inquiries, contact:
Dr Fani Ncapayi (082 440 6067)
Mrs Nomvuzo Nopote (083 505 7819)

Leave a Reply

Your email address will not be published. Required fields are marked *