(a) and (b) Section 36 of the Constitution states that certain rights in the Bill of Rights may be limited only in terms of a law. In this regard the Disaster Management Act, 2002 prescribes in Section 26(2)(b) that the national executive, in dealing with a national disaster where a state of disaster has been declared by the Minister in terms of Section 27(1), must deal with the disaster in terms of existing legislation and contingency arrangements as augmented by regulations or directives made in terms of Section 27(2) of the Act.
End.