Coronavirus - Alert level 4 lockdown regulations – South Africa

• South Africa

• Regulatory investigations and enforcement

30-04-2020

Under Gazette number 43258 of 29 April 2020, the Department of Co-Operative Governance and Traditional Affairs has issued regulations (“Regulations”) that repeal Government Notice No. 318 of 18 March 2020, as amended by Government Notices: No. R. 398 of 25 March 2020; No. R.419 of 26 March 2020; and R. 446 of 2 April 2020 with effect from 1 May 2020 (“Repealed Regulations”). This follows after the recommendation by the Minister of Health and in consultation with the members of the Cabinet, that Alert level 4 will be applicable from 1 May 2020 and will remain in force up to the declaration of different Alert levels for the duration of the national state of disaster.

It is worth noting that Chapters 1 and 2 of the Regulations will apply for the duration of the national state of disaster, whereas Chapter 3 will only apply during Alert Level 4. The Regulations provide that although the Repealed Regulations are no longer effective, for the purposes of the disposal of any investigation, prosecution or any criminal or legal proceedings or the appointment made in regulation 8(13) remains in force and that all directions issued under the Repealed Regulations shall continue to apply unless, varied, amended or withdrawn by the Cabinet member responsible for such directions.

Chapter 3 of the Regulations introduces the planned easing of the lockdown restrictions primarily on economic activity as alluded by the President, Mr Ramaphosa, in his media statement on 23 April 2020 where he first introduced the Risk Adjusted Strategy as a measure to alleviate the impact of the Covid-19 pandemic. Below are some brief changes introduced by Chapter 3 that will be applicable during Alert Level 4:

• any person who is outside of their home is obliged to wear a mask at all times;

• no one is allowed to leave their home between 20H00 until 05H00 daily, except in instances whereby a person has a permit to perform an essential service, or is attending a security or medical emergency;

• a once-off permit to move between provinces, metropolitan and district areas for people who were not at their place of residence or work before the lockdown period started, to return to their places of residence or work and will be required to stay in such place until the end of Alert Level 4;

• the sale of hot cooked food will be permitted for home delivery only;

• an extended list of goods that can be purchased from a retailer, wholesaler or a spaza shop has been provided;

• physical exercise is permitted between 06H00 and 09H00 daily, within a 5km radius of your home;

• prohibition on evictions;

• expands on the list of businesses and manufacturing that will be allowed to be open; and

sets out strict workplace rules as expanded further below on the directive addressing Covid-19 Occupational Health and Safety Measures in workplaces.

Click on this link to access the Regulations.