The Democratic Alliance (DA) in KwaZulu-Natal (KZN) has laid criminal charges against provincial Health MEC, Nomagugu Simelane-Zulu in terms of Sections 36.1 (a) and (c) of government-issued Adjusted Alert Level 3 regulations during the Coronavirus COVID-19 lockdown.
The charges were eventually laid at the Durban North SAPS. This after the DA was blocked from doing so at the Durban Central SAPS earlier in the day.
Most shocking though is that the initial attempt to block the case being opened was supported by KZN Provincial SAPS Commissioner, Lieutenant General Nhlanhla Mkhwanazi – who then told the DA that his interpretation was that the MEC had done nothing wrong.
It is very concerning to note that the Commissioner is getting involved in political matters. Particularly when there is clear evidence from the videos and photos doing the rounds that the MEC showed scant regard for the lockdown regulations of mask-wearing and social distancing.
The SAPS Commissioner’s response, while disappointing should not come as a surprise in light of the lack of accountability when it comes to ANC. It follows on from a press briefing by KZN Premier, Sihle Zikalala, held on Saturday, during which he announced the following sanctions against the MEC;
– That she must issue a public apology for her conduct within the next seven days
– That she has received a warning from him and;
– That her salary will be docked by 50% next month, with the monies going to an Amajuba-based NGO which is working to fight Covid-19.
The DA does not believe that the Health MECs punishment fits the crime. In fact, we regard the Premier’s sanctions against MEC Simelane-Zulu as extremely weak given the magnitude of her actions during a deadly third wave.
The Premier’s excuses, such as the fact that the MEC and her guests were not wearing masks as they were eating – when the video clip clearly shows otherwise – are also a slap in the face to the people of KZN.
It is as a result of the Premier’s unwillingness to act that the DA has taken the decision to go the legal route. Sections 36 (1) (a) and (c) indicate clearly that every person, when attending a gathering, must wear a mask and maintain a distance of at least one and a half metres from each other in order to minimise Covid-19 exposure.
As far as the MEC goes – the party is over. Her complete lack of remorse to date will no longer be tolerated by the DA and she must be made to understand that the rules also apply to her. It is untenable that while there are citizens in our province being arrested for not wearing masks, the Health MEC – who is the face of the campaign against Covid-19 in KZN – is ignoring them.
There are thousands who are being infected daily and hundreds who are dying. Then there are the many KZN healthcare workers who are working under stressful conditions in our hospitals and clinics, with hundreds have also passed away as a result of Covid-19. They are the first people that the MEC should apologize to.
Ultimately, the DA believes that the Premier has failed to set an example himself. His attendance in support of former President, Jacob Zuma at the Pietermaritzburg High Court and subsequent failure to rein in ANC MECs and MPLs present at a pro-Zuma Nkandla gathering – both occasions where Covid-19 regulations were openly ignored – speaks volumes.
This latest incident involving his Health MEC has revealed, loud and clear, that there are two sets of rules in our province- one for the ANC elite and another for the people. And that when it comes to the ANC, the protection of cadres always comes first.
The DA remains committed to ensuring that MEC Simelane-Zulu is appropriately sanctioned. We do so on behalf of the people of our province who deserve accountability from their leaders. The law must take its course.










