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This paper applies the rule of law test to emergency regulations adopted to combat a national disaster in South Africa. A declaration of a national state of disaster, such as a pandemic, triggers emergency powers which enable the executive to mitigate the disaster, assist and protect the public, provide relief, and protect property. However, emergency powers provide a pretext for the executive to limit constitutional rights and to curtail the enjoyment of freedoms. These unprecedented powers also pose a risk of arbitrary exercise of public power, which can only be prevented if the promulgation, administration and enforcement of emergency regulations conform to the principles of legality, rationality and proportionality. These principles are understood as tenets of the rule of law in South Africa. They require a strong commitment to respect, protect and promote human rights at a time when they are most vulnerable to violation by the State. Given the role of the judiciary in the maintenance of the rule of law, and the litigation against the emergency regulations adopted in response to the outbreak of the COVID-19 pandemic, this paper also discusses the ensuing case law to illustrate the practical application of the rule of law test to a national disaster. [ABSTRACT FROM AUTHOR]

This paper investigates the impact of the COVID-19 pandemic and related policy measures on livelihoods in urban South Africa. Using qualitative research methods, we analyse two rounds of semi-structured phone interviews, conducted between June and September 2020 in the township of Khayelitsha, Cape Town. We contextualise these by presenting a snapshot of the nationwide dynamics using quantitative panel data. Our findings describe how the shock of the COVID-19 pandemic has deepened the economic vulnerability which preceded the crisis. Survivalist livelihood strategies were undermined by the economic disruption to the informal sector, while the co-variate nature of the shock rendered social networks and informal insurance mechanisms ineffective, causing households to liquidate savings, default on insurance payments, and deepen their reliance on government grants. In addition, the impact of the pandemic on schooling may deepen existing inequalities and constrain future upward mobility. [ABSTRACT FROM AUTHOR]