Beware shadow agencies post-Covid
More than a year into the pandemic, many South Africans have adjusted and created a sense of “normalcy” — or what can be accepted as “normal”.
Two shadow agencies have informed and guided government policy during the pandemic: the National Coronavirus Command Council (NCCC) and National Joint Operational & Intelligence Structure (NatJoints). Information on who sits on these structures has still not been publicised, despite them being charged with overseeing and advising on the application of Covid regulations. The government has stated that all members of the cabinet are members of the NCCC. But there are no means to verify this, so these bodies function like the black box of state.
Over the past year the government has also barred meaningful accountability checks from parliament, and attempted to criminalise political gatherings and free speech. One could, at a very big reach, justify these actions in the name of protecting South Africans. However, there has been no indication as to what role/position these bodies will play post-Covid.
An initial question that comes to mind is whether the NCCC and NatJoints will be formally disbanded after the pandemic? At some point this pandemic will end. Considering the power and authority that these bodies wield, as well as their shadowy composition, there are no means for South Africans to acknowledge and recognise their disbandment. Due to the nature of the pandemic, will they be expected to also oversee “post-Covid transitionary policy”?
The NCCC was able to dictate cigarette policy and lockdown levels in 2020. Would it have a say in our election regulations?
NatJoints and the NCCC occupy a unique position. They have created a model for disaster management in SA and raised questions regarding the limitation of state power and authority.
However, based on this ever-increasing authority, will NatJoints and the NCCC be legally extended to function after the pandemic? And will our government be able to re-establish itself as an autonomous entity separate from these shadow agencies?
Mukundi Budeli is a BA (law) student at the University of the Witwatersrand. She is a legal associate at the Free Market Foundation. The views expressed in the article are the author’s