commission.18 This process attempts to include public participation, but the final
decision rests with the Prime Minister.
4.2 Protecting sensitive personal data: COVID-19
The first case of corona virus was reported in China in December 2019 amid
state denials. On 11 March 2020, the world woke up to news of declaration of a
global pandemic by the World Health Organisation (WHO) following an earlier
declaration of COVID-19 as a Public Health Emergency of International
Concern on 30 January 2020. According to the African Judges and Jurists
Forum (AJJF), SADC member States undertook several measures including
the setup of border and in-country testing centres; social distancing and
cancellation of gatherings; adoption of self-isolation and mandatory
quarantines.19 Countries declared states of emergency or states of disaster.
AJJF further reported that the declaration of national states of disasters were in
Malawi, South Africa, and Zimbabwe; and states of emergencies were in
Angola, Democratic Republic of Congo, Eswatini, Lesotho, Mozambique, and
Namibia; while declarations of Public Health Emergencies were in Botswana,
and Madagascar.20
The COVID-19 disaster declaration limited individual rights to decide on
medical testing, and bodily integrity.21 These emergency laws compelled
compulsory testing 22, and authorised disclosure of COVID-19 status.23 Of
course, informed consent before any medical or scientific experiments,
extraction or use of bodily tissue is required.24 That said, consent remains a
mystical, and is waived in public emergencies.25 Medical professionals while
bound to keep confidentiality of medical records and details, they are
compelled to disclose COVID-19 status to authorities.26 Unfortunately, as the
pandemic necessitated, some countries like Zimbabwe resorted to deployment
of non-medical personal to assist, with concerns of violation of patients
Lesotho, LDPA section on Establishment of the Data Protection Commission.
African Judges and Jurists Forum Addressing the Impact of COVID
June

on Economic, Social and Cultural Rights in Southern Africa A policy brief

.

AJJF Policy Brief

.

as protected under section

c of the Constitution of Zimbabwe for instance.

See Zimbabwe Section of the PHA COVID

Prevention and Containment Regulations provides for compulsory testing if one is suspected of

having COVID . South Africa,
Zimbabwe Statutory Instrument of

Public Health COVID

Prevention and Containment Regulations.

UN General Assembly, Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental
Health, A/HRC/ / ,
Tschider

.

Washington University Law Review

McQuoid Mason

SAMJ

.

.

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