Disaster Management Act: Regulations: Alert level 3 during Coronavirus COVID-19 lockdown

Movement of persons

33. (1) A person may leave his or her place of residence to-
(a) perform any service, as permitted under Alert Level 3;
(b) travel to and from work;
(c) buy goods or obtain services, as permitted under Alert Level 3;
(d) move children, as allowed;
(e) exercise between the hours of 06h00 to 18h00: Provided that the exercise is not done in organised groups of more than four people and adheres to health protocols and social distancing measures;
(f) attend a place of worship in the same or another metropolitan area or district within the same province;
(g) attend a school or learning institution, once these are opened; and
(h) travel for leisure purposes as allowed under Alert Level 3.

(1A) Every person is confined to his or her place of residence from 21H00 until 04H00 daily, except where a person has been granted a permit, which corresponds with Form 2 of Annexure A, to perform a service permitted under Alert Level 3, or is attending to a security or medical emergency.

(2) A person must when in a public place, wear a cloth face mask or a homemade item that covers the nose and mouth, or another appropriate item to cover the nose and mouth.

(3) Regulation 5 of the Regulations is hereby amended by-
(a) the substitution for subregulation (1) of the following subregulation:
"(1) The wearing of-
(a) a cloth face mask;
(b) a homemade item; or
(c) another appropriate item,
that covers the nose and mouth, is mandatory for every person when in a public place. ";

(b) the substitution for subregulation (2) of the following subregulation:
"(2) No person will be allowed to-
(a) use, operate, perform any service on any form of public transport;
(b) enter or be in a building, place or premises, including government buildings, places or premises, used by the public to obtain goods or services; or
(c) be in any public open space,

if he or she is not wearing a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth. ";
(c) the insertion of the following subregulation after subregulation (2):
"(2A) The prohibition in subregulation (2)(c) shall not apply to a person who undertakes vigorous exercise in a public place, provided that the person maintains a distance of at least three metres from any other person, and subject to directions 
on what is considered to be vigorous, issued by the Cabinet member responsible
for health. "; and

(4) Movement of persons between provinces is prohibited, except for-

(a) persons doing so in the course of carrying out work responsibilities or performing any service permitted under Alert Level 3, provided that such person is in possession of a permit issued by the employer which corresponds with Form 2 of Annexure A;
(b) persons travelling for purposes of-
(i) moving to a new place of residence; or
(ii) caring for an immediate family member: Provided that such person is in possession of an affidavit which corresponds with Form 6 of Annexure A;
(c) members of Parliament performing oversight responsibilities;
(d) learners or students referred to in regulation 34(5) who have to commute to and from those schools or institutions of higher learning during periods when those schools or institutions are permitted to operate;
(e) the attendance of funerals as provided for in regulation 35;
(f) the transportation of mortal remains;
(g) obtaining medical treatment;
(h) persons who are returning to their place of residence from a quarantine or isolation facility; or
(i) any movement permitted under regulation 41.

Movement of children

34. (1) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children's Act, 2005 (Act No. 38 of 2005), in the same metropolitan area or district municipality is allowed if the co-holders of parental responsibilities and rights or a caregiver are or is in possession of-
(a) a court order;
(b) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate; or
(c) a permit issued by a magistrate which corresponds with Form 3 of Annexure A, if the documentation in paragraphs (a) and (b) is not available.

(2) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children's Act, 2005 between different metropolitan areas, district municipalities or provinces is allowed if the co-holders of parental responsibilities and rights or a caregiver are or is in possession of a permit, issued by a magistrate which corresponds with Form 3 of Annexure A.

(3) A person applying for a permit contemplated in this regulation must confirm that the household to which the child has to move must be free of COVID-19.

(4) (a) Before a magistrate issues a permit referred to in subregulation (1)(c), he or she must be provided with-
(i) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and
(ii) written reasons why the movement of the chi ld is necessary.
(b) Before a magistrate issues a permit referred to in subregulation (2), he or she must be provided with-
(i) a court order;
(ii) a parental responsibilities and rights agreement or parenting plan registered with the family advocate; or
(iii) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and
(iv) written reasons why the movement of the child is necessary.

(5) Any learner or student must be issued with a certificate which corresponds with Form 3A of Annexure A, by the head of his or her school or institution of higher learning, or a person delegated by him or her, that the learner or student attends that school or institution of higher learning for purposes of travel between provinces.

(6) The certificate referred to in subregulation (5) must contain the name and address of the school or institution of higher learning and the particulars of the learner or student concerned.

(7) A person transporting a learner or student must be issued with a permit, corresponding with Form 3B of Annexure A, by the head of the school or institution of higher learning contemplated in subregulation (5), or a person delegated by him or her, allowing him or her to transport learners or students to and from the school or institution.

Attendance of funerals

35. ( 1) Movement between provinces, metropolitan areas or districts by a person intending to attend a funeral is only permitted if the person is a-
(a) spouse or partner of the deceased;
(b) child or grandchild of the deceased, whether biological, adopted. stepchild, or a foster child;
(c) child-in-law of the deceased;
(d) parent of the deceased whether biological, adopted or stepparent;
(e) sibling, whether biological, adopted or stepbrother or sister of the deceased; or
(f) grandparent of the deceased;

(2) Attendance at a funeral is limited to 50 persons and is not regarded as a prohibited gathering.

(3) Night vigils are prohibited.

(4) During a funeral, all health protocols and social distancing measures must be adhered to, in order to limit exposure of persons at the funeral to COVID-19.

(5) Each person, whether traveling alone or not, wishing to attend a funeral and who has to travel between metropolitan areas, districts, or between provinces must obtain a permit which corresponds substantially with Form 4 of Annexure A, from his or her nearest magistrate's office or police station to travel to the funeral and back.

(6) The head of court, or a person designated by him or her, or a station commander of a police station or a person designated by him or her, may issue the permit to travel to a funeral.

(7) Upon a request for a permit to attend a funeral, a person requesting a permit must produce a death certificate or a certified copy of the death certificate to the head of court, or a person designated by him or her, or a station commander of a police station or a person designated by him or her: Provided that where a death certificate is not yet available, and the funeral must be held within 24 hours in keeping with cultural or religious practices, the person requesting the permit must make a sworn affidavit which corresponds with Form 5 of Annexure A, together with a letter from a cultural or rel igious leader confirming the need for the funeral to take place within 24 hours.

(8) Only two family members of the deceased may, with the required permits, travel in the vehicle transporting the mortal remains to the metropolitan area, district, or province where the funeral will take place if the cause of death of the deceased being transported is non-COVID-19 related: Provided that the health protocols and social distancing measures are adhered to.

(9) The provisions of regulation 43 must be strictly adhered to when travelling.

(10) A copy of the permit issued and the death certificate or sworn affidavit made, must be kept safely by the head of court, or station commander of a police station, for record keeping for a period of three months after the national state of disaster has ended, where-after it may be destroyed.

(11) All Forms must be completed in full, including full names, identification or passport numbers and full contact details as required in the Form.

(12) A Form that is not completed in full as required by subregulation (11) is invalid.

Prohibition on evictions

36. (1) Subject to subregulation (2), a person may not be evicted from his or her land or home during the period of Alert Level 3 period.

(2) A competent court may grant an order for the eviction of a person from his or her land or home in terms of the provisions of the Extension of
Security of Tenure Act, 1997 (Act No. 62 of 1997) and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998): Provided that an order of eviction may be stayed and suspended until the last day of the Alert Level 3 period, unless a court decides that it is not just and equitable to stay and suspend the order until the last day of the Alert Level 3 period.

Gatherings

37. (1) All gatherings are prohibited except a gathering at-
(a) a faith-based institution, which is limited to 50 persons or less, depending on the size of the place of worship: Provided that all health protocols and social distancing measures are being adhered to as provided for in directions that must be issued by the Cabinet member responsible for cooperative governance and traditional affairs;
(b) a funeral, subject to regulation 35;
(c) a workplace for work purposes;
(d) conferences and meetings which is subject to-
(i) a limitation of 50 persons, excluding those who participate through electronic platforms;
(ii) restricted to business purposes; and
(iii) strict adherence to all health protocols and social distancing measures as provided for in directions that must be issued by the responsible Cabinet member, after consultation with the Cabinet member responsible for health;
(e) cinemas, subject to-
(i) a limitation of 50 persons or less;
(ii) sale of tickets through a booking system; and
(iii) strict adherence to all health protocols and social distancing measures as provided for in directions that must be issued by the responsible Cabinet member, after consultation with the Cabinet member responsible for health;
(f) theatres, subject to-
(i} a limitation of 50 persons or less;
(ii) strict adherence to all health protocols and social distancing measures as provided for in directions that must be issued by the responsible Cabinet member, after consultation with the Cabinet member responsible for health, and;
(iii) limitation on performers and crew to a maximum of 15 persons including live streaming or recording for distribution on digital platforms;
(g) casinos, subject to-
(i) a restriction on the number of persons allowed in the casino to not more than 50 percent of the available floor space, with patrons observing a distance of least one and a half metres from each other: Provided that this percentage may be increased as provided for in directions issued by the Cabinet member; and
(ii) strict adherence to all health protocols and social distancing measures as provided for in directions that must be issued by the responsible Cabinet member, after consultation with the Cabinet member responsible for health;
(h) all auctions, subject to strict adherence to all health protocols and social distancing measures and directions issued by the responsible Cabinet members and;
(i) sporting activities; subject to directions issued by the Cabinet member responsible for sport after consultation with the Cabinet member responsible for health, in the following manner-
(i) non-contact sports matches, which may only include players, match officials, journalists, medical and television crew; and
(ii) contact sports for training only;
(j) museums, galleries, libraries and archives, subject to strict adherence to all health protocols and social distancing measures as provided for in directions that must be issued by the responsible Cabinet member, after consultation with the Cabinet member responsible for health;
(k) personal care services, including hairdressing, beauty treatments, make-up and nails salons and piercing and tattoo parlours, as identified in directions by the responsible Cabinet member, in consultation with the Cabinet member responsible for health, as safe to resume, under specified conditions; and
(I) restaurants, subject to the strict adherence to all health protocols and social distancing measures as provided for in directions that must be issued by the responsible Cabinet member, after consultation with the Cabinet member responsible for health.

(2) An enforcement officer must, where a prohibited gathering takes place-
(a) order the persons at the gathering to disperse immediately; and
(b) if the persons refuse to disperse, take appropriate action, which may, subject to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), include the arrest and detention of any person at the gathering.

Prohibition of initiation practices

38. (1) For the duration of the national state of disaster-
(a) male and female initiation practices are prohibited;
(b) a person may not arrange or hold an initiation school or conduct an initiation practice;
(c) a prospective initiate may not to attend an initiation school;
(d) an owner of land may not provide consent for the use of his or her land for the holding of an initiation school; and
(e) a traditional surgeon or medical practitioner may not perform circumcision as part of an initiation practice.

(2) The National House of Traditional Leaders and provincial houses of traditional leaders must take steps to ensure that traditional leaders are aware of the content of this regulation.

Places and premises closed to the public

39. (1) A place or premises normally open to the public, where cultural, sporting, entertainment, leisure, exhibitional, organisational or similar activities may take place, is closed to the public, and all gatherings at these places or premises are prohibited, save for the exceptions in subregulation (2) and in regulation 37.

(2) The places or premises referred to in subregulation (1) include -
(a) gyms and fitness centres;
(b) sports grounds and fields and swimming pools, except for-
(i) training of professional athletes and non -contact sports matches as referred to in regulation 37(1)(i)(i); and
(ii) contact sports for training only, with restricted use of facilities as referred to in regulation 37(1)(i)(ii);
(c) fêtes and bazaars;
(d) night clubs;
(e) hotels, lodges, bed and breakfasts, timeshare facilities and resorts and guest houses, except to the extent that these facilities are required for accommodation by-
(i) the remaining tourists confined to such facilities;
(ii) persons for work purposes; and
(iii) persons in quarantine or isolation; and;
(f) conference facilities, except for business use as referred to in regulation 37(1)(d);
(g) any on-consumption premises, including bars, taverns, shebeens and similar establishments, except as provided for in regulation 44; and
(h) beaches; and
(i) public parks, except for exercising and subject to health protocols.

(3) Tourist attractions must remain closed except for private self-drive excursion activities.

(4) Persons rendering security and maintenance services may continue to perform these services at the places or premises closed in terms of this regulation.

(5) The Cabinet member responsible for cooperative governance and traditional affairs may, by directions, determine any other place or premises that must be closed, if there is a risk of any members of the public being exposed to COVID-19.

Controlled visits by members of the public

40. Visits by members of the public to-
(a) correctional centres;
(b) remand detention facilities;
(c) police holding cells;
(d) military detention facilities;
(e) health establishments and facilities, except to receive treatment or medication in accordance with health protocols; and
(f) older persons' residential facilities, are prohibited, except to the extent and in the manner as directed by the relevant Cabinet member.

Closure of borders

41 . (1) During the national state of disaster all borders of the Republic must be closed, except for ports of entry designated by the Cabinet member responsible for home affairs, for
(a) the transportation of fuel, cargo and goods; and
(b) humanitarian operations, repatriations, evacuations, medical emergencies, movement of staff of diplomatic and international organisations and other exceptions as may be determined by the relevant Cabinet member by directions.
(2) The Cabinet member responsible for home affairs, or a person designated by him or her, may allow entry into or exit from the Republic for-
(a) emergency medical attention for a life-threatening condition;
(b) the evacuation of a South African national or permanent resident to the Republic;
(c) the repatriation of a foreign national to his or her country of nationality or permanent residence;
(d) the return of a South African national or permanent resident to his or her place of employment, study or residence, outside the Republic; or
(e) daily commuters from neighbouring countries who attend school in the Republic, and who are allowed entry and exit into and from the Republic, subject to compliance with protocols relating to-
(i) screening for COVID-19 and quarantine or isolation, where necessary;
(ii) wearing of a cloth face mask or a homemade item that covers the nose and mouth when in a public place, or another appropriate item to cover the nose and mouth;
(iii) transportation; and
(iv) sanitisation and social distancing measures as per the relevant health protocols on safety and prevention of the spread of COVID-19.

(3) (a) A foreign tourist who arrived in the Republic prior to the period of lockdown, which ended on 30 April 2020, and who remained in the Republic-
(i) must remain in his or her place of temporary residence until otherwise determined by the Cabinet member responsible for international relations and cooperation; and
(ii) may be subject to screening for COVID-19 and be quarantined or isolated, as required.
(b) The evacuation of foreign tourists may be allowed where arrangements, including an arrangement for evacuation by air charter, have been made by the relevant embassy: Provided that a tourist who is escorted to the point of exit may be screened again.

(4) The Cabinet member responsible for home affairs in consultation with the Cabinet members responsible for health and transport may allow certain categories of international travel to resume once it is deemed safe to do so, subject to directions.

Transportation of cargo

42 (1) Rail, ocean, air and road transport is permitted for the movement of cargo to and from other countries and within the Republic, subject to national legislation and any directions issued in terms of subregulation (2) below, for the transportation of goods for export and for import.

(2) The Cabinet member responsible for trade, industry and competition may, after consultation with the Cabinet members responsible for transport and finance, issue directions that provide for the management, administration and prioritisation of exports or imports, taking into account the need to prevent and limit the spread of COVID-19 and to deal with the destructive and other effects of the COVI D-19 pandemic.

(3) The Cabinet member responsible for transport may, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs, trade, industry and competition, health, justice and correctional services, finance and public enterprises, issue directions relating to health protocols applicable to sea cargo operations and air freight operation.

Public transport

43. (1) For purposes of this regulation "long distance travel" is a trip of 200 km or more whether the travel is within a province or inter-provincial.

(2) The Cabinet member responsible for transport must, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs, health, police, trade, industry and competition, and justice and correctional services, issue directions for the resumption of different modes of public transport to cater for the gradual return to work of people, in respect of-
(a) domestic air travel;
(b) rail, bus services, taxi services;
(c) e-hailing services; and
(d) private vehicles.

(3) Bus and taxi services may operate under the following conditions:
(a) May not carry more than 70% of the licensed capacity for long distance intra-provincial and permitted inter-provincial travel; and
(b) may carry 100% of the licensed capacity for any trip not regarded as long distance travel in terms of subregulation (1).

(4) A driver, owner or operator of public transport may not allow any member of the public not wearing a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth, to board or be conveyed in public transport owned or operated by him or her.

(5) The directions to be issued by the Cabinet member responsible for transport must set out the health protocols that must be adhered to and steps to be followed for the limitation of the exposure of members of the public using public transport to COVID-19.

Sale, dispensing or transportation of liquor

44. (1) The sale, dispensing and distribution of liquor is prohibited.

(2) The transportation of liquor is prohibited, except where the transportation of liquor is -
(a) in relation to alcohol required for industries producing hand sanitizers, disinfectants, soap or alcohol for industrial use and household cleaning products;
(b) for export purposes; or
(c) from manufacturing plants to storage facilities.

(3) No special or events liquor licenses may be considered for approval during the duration of the national state of disaster.

(4) The Cabinet member responsible for transport must, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs, health, police and trade, industry and competition, issue directions for the transportation and storage of liquor.

Tobacco products, e-cigarettes and related products

45. (1) The sale of tobacco, tobacco products, e-cigarettes and related products to members of the public and to persons including retailers who sell directly to the members of the public, is prohibited.

(2) The sale of tobacco, tobacco products, e-cigarettes and related products for export, is permitted.

(3) The sale of tobacco from farmers to local processors or local manufacturers, and from processors to manufacturers, is permitted.

Operation of economic and public sector

46. (1) Businesses and other institutions may operate except those set out in Table 2.

(2) Businesses and other institutions with more than 100 employees must, where possible, make provision for minimising the number of employees at the workplace at any given time, through rotation, staggered working hours, shift systems, remote working arrangements or similar measures, in order to achieve social distancing and to limit congestion in public transport and at the workplace.

(3) Relevant health protocols and social distancing measures for persons employed in private residences must be adhered to.

(4) Relevant health protocols and social distancing measures set out in directions must be adhered to, in addition to the occupational health and safety directions issued by the Cabinet member responsible for employment and labour, and applicable labour legislation.

(5) Employers must implement measures for employees who are over 60 or those with co-morbidities to facilitate their safe return to work, which may include special measures at the work place to limit employees' exposure to COVID-19 infection and where possible that the employees work from home.

(6) Construction, manufacturing, business and financial services firms with more than 500 employees must finalise appropriate sector or workplace arrangements or compacts to address the following
(a) provide, or arrange transport to their employees coming to site, or, where this is not possible, consider staggered working time arrangements to reduce congestion in public transport;
(b) stagger the return to work of employees to ensure workplace readiness and avoid traffic congestion during peak travel times as a result of the return to work;
(c) screen employees daily for symptoms of COVID-19 and refer the employees who display symptoms for medical examination and testing where necessary; and
(d) submit data collected during the screening and testing process to the Director-General: Health.

(7) (a) The relevant sector or industry body, if such a body exists, must, in the event of high health risks, develop sector-specific health protocols which must include provisions to limit the spread of COVID-19 in the sector concerned and provide for those circumstances where a firm cannot operate staggered working hours or provide transport to its employees.
(b) The sector-specific health protocols referred to in paragraph (a) must be developed in consultation with the Department of Health.

Table 2: Alert level 3

All persons who are able to work from home must do so. However, persons will be permitted to perform any type of work outside the home, and to travel to and from work and for work purposes under Alert Level 3, subject to-
(a) strict compliance with health protocols and social distancing measures;
(b) the return to work being phased -in in order to put in place measures to make the workplace COVID -19 ready;
(c) the return to work being done in a manner that avoids and reduces the risk of infection; and
(d) the work not being listed under the specific economic exclusions in this Table 2.

SPECIFIC ECONOMIC EXCLUSIONS
1. Sale, dispensing or transportation of liquor except as provided for in regulation 44.
2. Sale of tobacco, tobacco products, e-cigarettes and related products to members of the public and to persons including retailers who sell directly to the members of the public, except as provided for in regulation 45.
3. Hotels, lodges, bed and breakfasts, timeshare facilities and resorts and guest houses, for leisure purposes.
4. Short term home-sharing /letting /leasing /rental.
5. Domestic passenger air travel for leisure purposes.
6. Passenger ships for leisure purposes.
7. Sporting events, except as provided for in Chapter 4 of the Regulations.
8. Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport.
9. Exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education.