What are the powers of the Director Health Services? :: Mmegi Online

Two of my respected colleagues in the profession, Uyapo Ndadi and Mboki Chilisa are of the view that the Director of Health Services has no powers under Section 23 and 25 of the Public Health Act, Cap. 63:01 of the Laws of Botswana (PHA) once the State of Emergency (SoE) has been declared as only the President is the leader and captain henceforth.

Chilisa goes that the seven-day period under which the public health emergency declaration was made by the Director having lapsed and not extended, there is no public health emergency under which he (the Director) can exercise his powers.

With respect, they are both wrong. This is why. The Director made the declaration then, as he was satisfied the situation dictated (Section 23 (1)(a) of the PHA) and was not practical for the declaration of SoE or disaster to be made (Section 23 (1)(b) of the PHA).

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