COVID-19 daily legal roundup

• South Africa

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04-06-2020

DISASTER MANAGEMENT ACT: REGULATIONS – ALERT LEVEL 3

On 28 May 2020, under Government Gazette No. 43364, regulations relating to Covid-19 Alert Level 3 were published (“Regulations”). The following provides a summary of the key areas of the Regulations, which will come into operation on 1 June 2020:

Hotspots

The entire country will move to Level 3 on 1 June 2020, however, certain hotspots may remain under higher levels of restrictions to curb the spread of Covid-19. In terms of the Determination of Alert Levels and Hotspots published on 28 May 2020, these areas include the Metros of Tshwane, Johannesburg, Ekurhuleni, Ethekwini, Nelson Mandela Bay, Buffalo City and Cape Town, and the districts of West Coast, Overberg and the Cape Winelands municipality, Chris Hani district in the Eastern Cape and iLembe district in KwaZulu-Natal.

Movement of Persons

A person may only leave his/her place of residence to:

• perform a Level 3 service;
• travel to and from work;
• buy permitted goods or obtain permitted services;
• move children between co-holders of parental responsibilities under specific circumstances;
• exercise between 06:00 and 18:00, provided that exercise is not done in groups and adheres to official protocols (including the wearing of masks and maintaining social distancing);
• attend a place of worship within the same metropolitan area or district within the same province; and
• attend school or learning institutions once they are permitted to operate.

The wearing of a cloth face mask or homemade item covering the nose and mouth is mandatory when a person is in any public place.

Movement between provinces remains prohibited unless a person is carrying out a permitted service and is in possession of a permit issued by their employer. Movement is permitted if a person is moving to a new place of residence, caring for an immediate family member (provided that such person is in possession of a relevant affidavit) or obtaining medical treatment. Learners or students, and those transporting them, can commute to and from educational institutions across provinces, provided that they have the necessary certificates and permits.

Gatherings

All gatherings are prohibited except for the following:

• Faith-Based Gatherings are limited to 50 persons or less depending on the size of the place of worship and provided that all health protocols and social distancing measures are followed;
• Funerals: movement between provinces, metropolitan areas or districts will be permitted, but only if the person attending is a direct family member. Permits to attend funerals can be issued at a police station, upon presentation of a certified copy of a death certificate or affidavit. Funerals are limited to 50 persons and night vigils are prohibited;
• Workplaces for work purposes only;
• Agricultural Auctions subject to further directions to be issued by the relevant Cabinet member; andProfessional non-contact sports matches after consultation with the relevant Cabinet member.

Operation of Economic and Public Sectors

All persons who are able to work from home must do so. Persons will be permitted to perform any work outside of home, subject to strict compliance with health protocols and social distancing measures, the return to work being phased-in and the return to work being done in a manner that avoids and reduces the risks of infection. Employees over the age of 60 or those with co-morbidities are subject to additional special measures, and where possible, these employees should work from home.

Businesses with over 500 employees must finalise appropriate arrangements which include:

• providing/arranging transport for their employees to and from site, or if not possible, stagger working time arrangements;
• stagger the return to work of employees to ensure workplace readiness; and
• the daily screening of employees for symptoms of Covid-19 and submitting such data to the Director-General of Health.

Whilst the Regulations significantly increases the number of permitted economic sectors, specific economic exclusions include:

• consumption of food and beverages at a place of sale, including restaurants;
• short term letting for leisure purposes;
• domestic passenger air travel for leisure purposes;
• conferences and events;
• personal care services including hairdressing and beauty treatments;
• tourist attractions.

Mandatory Compliance Officer

All businesses permitted to operate must designate a Covid-19 compliance officer who will oversee the development and implementation of a phased in return of their employees prior to reopening the workplace. This plan must be retained for inspection must contain all information stipulated in the Regulations, including health protocols.

Borders and the Transportation of Cargo

All borders will remain closed except for the transportation of fuel, cargo and goods and humanitarian operations. The Minister of Home Affairs may allow entry or exit for other exceptional reasons. Rail, ocean, air and road transport is permitted for the movement of cargo to and from other countries and within South Africa.

Places Closed to the Public

Places or premises normally open to the public will remain closed and all gatherings at these places are prohibited, including, inter alia:

• gyms and fitness centres;
• sports grounds and swimming pools, except for the training of professional athletes and professional non-contact sports matches;
• nightclubs and casinos;
• hotels, lodges and any similar guest accommodation and timeshare facilities (unless such accommodation is required for quarantine, isolation or for use by persons for work purposes);
• private and public game reserves, beaches and public parks;
• conference centres;
• any on-site consumptions premises, including bars and taverns;
• theaters, cinemas and museums.

Evictions

Tenants may not be evicted, however, landlords may approach a competent court to grant an eviction order, which may be executed once the prohibition on evictions is lifted.

Sale, Dispensing and Transportation of Liquor

Licensed premises may only sell liquor and no on-site consumption is permitted. The sale of liquor at any licensed premises or through e-commerce delivery is permitted from Monday to Thursday between 09:00 and 17:00.

Tobacco Products and E-Cigarettes

The sale of tobacco, e-cigarettes and related products remains prohibited, except for export purposes.

GOVERNMENT NOTICES