#LivefromLucy: 'The South African Constitution, the Rule of Law and the legal basis of government’s response to the Covid-19 Pandemic' with Dr Gabriella La Foy

Wed 13 January 2021

Lucy Cavendish College

The management of the response to the Covid-19 pandemic has presented unique governance and regulatory challenges to governments the world over. South Africa.is no exception. South Africa. is a constitutional democracy founded upon respect for human rights and the rule of law. The country has integrated the UN SDGs into government planning and implementation. There is a 75% alignment between the SDGs and National Development Plan (South Africa’s primary macro planning instrument). SDG 16 which emphasises the rule of law as an enabler of peace, justice and inclusion has been incorporated into the Justice Department’s strategic planning processes and informs the provision of justice services to the public. The South African government responded to the extraordinary challenge presented by the Covid-19 pandemic by setting up an inter-ministerial structure to guide government interventions to contain the spread of the disease and effectively manage public health resources. Working with scientists, doctors and public health specialists and guided by the rapidly evolving evidence, this executive structure was supported by a multidisciplinary team of officials working day and night to respond to the unprecedented crisis. The government lawyers on this team were faced with a unique challenge – how to provide a regulatory basis for the required measures whilst maintaining respect for the rule of law and compliance with South Africa’s constitutional and human rights obligations? In this talk, Dr La Foy will traverse the regulatory basis for the management of the pandemic, the constitutional and human rights obligations of the government and the question of compliance with the rule of law.

About the speaker

Dr Gabriella La Foy LLB cum laude (UND) LLM cum laude (UKZN) LLM (Cambridge) PhD (UKZN) is a public lawyer and who has worked in the public sector since 2007 in a variety of senior roles. She won the Cecil Renaud Overseas Scholarship in 2005 and read for a Masters degree in Public International Law at Cambridge Law. Her recently awarded PhD examined the implementation of the division of powers provisions of the South African Constitution. In 2016, she was appointed by the South African Cabinet to head the Constitutional Development half of the Department of Justice & Constitutional Development.

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Cost: Free