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Disaster Management Act: Regulations: Alert level 1 during Coronavirus COVID-19 lockdown

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Alert level 1

Most normal activity can resume, with precautions and health guidelines followed at all times. Population prepared for an increase in alert levels if necessary.

Alert level 1 was in place from 00h01 on 21 September 2020 to 24hoo on 28 December 2020.

Disaster Management Act: Regulations: Alert level 1 during Coronavirus COVID-19 lockdown

The following is an extraction from the orginal gazetted Alert Level 1 regulations (Gazette 43725 of 18 September 2020) as adapted by Gazette 43727 of 20 September 2020Gazette 43763 of 1 October 2020Gazette 43825 of 21 October 2020Gazette 43897 of 11 November 2020Gazette 43964 of 3 December 2020Gazette 43997 of 15 December 2020Gazette 44009 of 17 December 2020 and Gazette 44042 of 24 December 2020.

Movement of persons
Mandatory protocols when in a public place
Funerals
Evictions
Rental housing
Gatherings
Places and premises closed to public
Initiation
Controlled visits
Partial re-opening of borders
Public transport
Liquor
Operation of economic sector
Offences and penalties
Hotspots

 

 

 

 

Movement of persons

66. (1) Every person is confined to his or her place of residence from 23H00 until 04H00 daily, except in areas declared a hotspot, unless a person-

(a) has been granted permission through directions by the relevant Cabinet member or a permit, which corresponds with Form 7 of Annexure A, to perform a service other than a service related to an activity listed under Table 4; or
(b) is attending to a security or medical emergency.

(2) Closing time for the following establishments, whether
indoors or outdoors, is 22H00 daily, except in areas declared a hotspot:

(a) Faith-based institutions;
(b) venues where social events are hosted;
(c) venues hosting concerts and live performances;
(d) cinemas;
(e) theatres;
(f) casinos;
(g) museums, galleries and archives;
(h) gyms, fitness centres and swimming pools;
(i) restaurants, bars, taverns, shebeens and similar establishments;
(j) venues hosting sport, arts and culture activities; and
(k) any other place where a gathering may take place.

Mandatory protocols when in a public place

67. (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.

(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.

(3) 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 one and a half metres from any other person, and subject to directions on what is considered to be vigorous, issued by the Cabinet member responsible for health.

(4) An employer may not allow any employee to perform any duties or enter the employment premises if the employee is not wearing a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth while performing his or her duties.

(5) Every business premises, including, but not limited to, a supermarket, shop, grocery store, retail store, wholesale produce market or pharmacy shall

(a) determine their area of floor space in square metres;
(b) based on the information contemplated in paragraph (a), determine the number of customers and employees that may be inside the premises at any time with adequate space available;
(c) take steps to ensure that persons queuing inside or outside the premises are able to maintain a distance of one and a half metres from
each other;
(d) provide hand sanitisers for use by the public and employees at the entrance to the premises; and
(e) assign, in writing, an employee or any other suitable person, as the compliance employee, who must ensure-
(i) compliance with the measures provided for in paragraphs (a) to (d); and
(ii) that all directions in respect of hygienic conditions and limitation of exposure to persons with COVID-19 are adhered to.

(6) Any business whose premises exceeds the maximum number of customers and employees determined in subregulation (5) commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

(7) All employers must, adopt measures to promote physical distancing of employees, including -
(a) enabling employees to work from home or minimising the need for employees to be physically present at the workplace;
(b) the provision for adequate space;
(c) restrictions on face to face meetings;
(d) special measures for employees with known or disclosed health issues or comorbidities, or with any condition which may place such employees at a higher risk of complications or death if they are infected with COVID-19; and
(e) special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.
(8) The requirements as set out in subregulation (5) applies with the necessary changes, to any other building that is not provided for by
subregulation (5).
(9) All courier and delivery services shall provide for minimal personal contact during delivery.

Attendance of funerals

68. (1) Attendance of a funeral is limited to a maximum of 100 persons, with persons observing a distance of at least one and a half metres from each other, and if the venue is too small to hold WO persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(2) The following are not allowed:
(a) Night vigils; and
(b) after-funeral gatherings, including "after- tears" gatherings.

(3) During a funeral, a person must wear a face mask and adhere to all health protocols and social distancing measures of at least one and a half metres from each other.

Gatherings

69. (1) Every person, when attending a gathering and in order to limit exposure to COVID-19 must-

(a) wear a face mask;
(b) adhere to all health protocols;
(c) maintain a distance of at least one and a half metres from each other; and
(d) adhere to any other health protocols and social distancing measures as provided for in directions issued by the relevant Cabinet member after consultation with the Cabinet member responsible for health.

(2) An owner or operator of any indoor or outdoor facility where gatherings are held must display the certificate of occupancy which sets out the maximum number of persons the facility may hold.

(3) Gatherings at faith-based institutions are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering, and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(4) Gatherings at social events are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering, and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(5) Gatherings at political events and traditional council meetings are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(6) Gatherings at a workplace for work purposes are allowed.

(7) Gatherings at conferences and meetings are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used: Provided that persons participating through electronic platforms are not included in these limitations.

(8) Gatherings for concerts and live performances are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(9) Gatherings at cinemas and theatres are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(10) Gatherings at casinos are limited to 100 persons or less in case of an indoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(11) Gatherings at the following places are allowed, subject to the strict adherence to health protocols and social distancing measures, as set out in directions by the relevant Cabinet member -

(a) sports grounds and fields are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used; and
(b) museums, galleries, libraries and archives are limited to 100 persons or less in case of an indoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(12) Gatherings at beaches are allowed subject to the following exceptions and conditions:

(a) Beaches in the Eastern Cape province will be closed to the public from 16 December 2020 until 03 January 2021;
(b) beaches in the Garden Route District will be closed to the public from 16 December 2020 until 3 January 2021;
(c) beaches in the KwaZulu-Natal province will be closed to the public on 16, 25, 26 and 31 December 2020 and 1, 2 and 3 January 2021;
(d) beaches in the Northern Cape and the Western Cape provinces (excluding the Garden Route District beaches) will be open to the public;
(e) festivals, live music, live performances and loud music at beaches are prohibited;
(f) all beaches that are open to the public shall -
(i) be open between 06H00 and 19H00; and
(ii) be monitored for compliance with all health protocols, wearing of face-masks and social distancing measures; and
(iii) any loud music, whether live or otherwise, is prohibited.
(g) the closure of beaches and restrictions on times of operation do not apply to fishermen for fishing purposes, who are in possession of a permit or exemption granted in terms of the Marine Living Resources Act, 1998 (Act No. 18 of 1998).

(13) Non-compliance with the prohibitions, conditions, days
of opening of beaches, and wearing of face-masks and social distancing
measures, will result in the closure of those non -complying beaches throughout
the festive season.

(14) Access to national and provincial parks, and other parks
where access control measures and entry limitations are already in place, will
remain open to the public.

(15) Gatherings at public parks are allowed, subject to the following exemptions and conditions:

(a) Public parks in the Eastern Cape province will be closed from 16 December 2020 until 3 January 2021;
(b) public parks in the KwaZulu-Natal province will be closed to the public only on 16, 25, 26 and 31 December 2020 and 1, 2 and 3 January 2021;
(c) public parks in the Northern Cape and Western Cape provinces will be open to the public; and
(d) public parks that are open to the public shall-
(i) be open between 09H00 and 18H00; and
(ii) be monitored for compliance with all health protocols wearing of face-masks and social distancing measures.
(iii) Any loud music, whether live or otherwise, is prohibited.

(16) Non-compliance with the prohibitions, conditions, days of opening of public parks and wearing of face-masks and social distancing measures, will result in the closure of those non-complying public parks throughout the festive season.

(17) Gatherings at gyms, fitness centres and swimming pools are allowed, subject to a limitation of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(18) Gatherings at the following places are allowed, subject to the limitations set out below -

(a) (i) restaurants, subject to a maximum of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.
(ii) Further, subject to strict adherence to the times of operation provided for in regulation 66(2), health protocols and social distancing measures, as provided for in the directions issued by the relevant Cabinet member, after consultation with the Cabinet member responsible for health.
(b) (i) bars, taverns, shebeens, and similar establishments subject to a maximum of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.
(ii) Further, subject to strict adherence to the times of operation provided for in regulation 66(2) health protocols and social distancing measures, as provided for in the directions issued by the relevant Cabinet member, after consultation with the Cabinet member responsible for health.
(c) (i) hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses allowed full capacity of the available rooms for accommodation, with patrons observing a distance of at least one and a half metres from each other when in common spaces;
(ii) Conferencing, dining, entertainment and bar facilities are subject to a limitation of a maximum of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used; and
(iii) loud music, whether live or otherwise, is prohibited.

(19) Gatherings at auctions are allowed, subject to a maximum of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used; and further, subject to strict adherence to all health protocols, social distancing measures and directions issued by the relevant Cabinet member, in consultation with the Cabinet member responsible for health.

(20) Sport, arts and culture activities, including both professional and non-professional matches, by recognised sporting bodies are allowed, subject to strict adherence to the times of operation as provided for in regulation 66(2) and the following:

(a) Directions for sports matches issued by the Cabinet member responsible for sport after consultation with the Cabinet member responsible for health;
(b) only journalists, radio, television crew, security personnel, emergency medical services, and the necessary employees employed by the owners of the venue of the sport match, are allowed at the venue of the sport match;
(c) only the required number of players, match officials, support staff and medical crew required for the sport match, are allowed at the venue of the sport match;
(d) no spectators are allowed at the venue of the sports match; and
(e) international sport, arts and culture events involving countries with a low or medium COVID-19 infection and transmission rate are allowed.

(21) An enforcement officer must, where a gathering in contravention of the regulations 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.

Eviction and demolition of places of residence

70. (1) A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.

(2) A competent court may suspend or stay an order for eviction or demolition contemplated in subregulation (1) until after the lapse or termination of the national state of disaster unless the court is of the opinion that it is not just or equitable to suspend or stay the order having regard, in addition to any other relevant consideration, to-
(a) the need, in the public interest for all persons to have access to a place of residence and basic services to protect their health and the health of others and to avoid unnecessary movement and gathering with other persons;
(b) any restrictions on movement or other relevant restrictions in place at the relevant time in terms of these Regulations;
(c) the impact of the disaster on the parties;
(d) the prejudice to any party of a delay in executing the order and whether such prejudice outweighs the prejudice of the persons who will be subject to the order;
(e) whether any affected person has been prejudiced in their ability to access legal services as a result of the disaster;
(f) whether affected persons will have immediate access to an alternative place of residence and basic services;
(g) whether adequate measures are in place to protect the health of any person in the process of a relocation;
(h) whether any occupier is causing harm to others or there is a threat to life; and 
(i) whether the party applying for such an order has taken reasonable steps in good faith, to make alternative arrangements with all affected persons, including but not limited to payment arrangements that would preclude the need for any relocation during the national state of disaster.

(3) A court hearing an application to authorise an eviction or demolition may. where appropriate and in addition to any other report that is required by law, request a report from the responsible member of the executive regarding the availability of emergency accommodation or quarantine or isolation facilities pursuant to these Regulations.

Rental housing

71. (1) During the national state of disaster, the Rental Housing Tribunals established under the Rental Housing Act, 1999 (Act No. 50 of 1999) -
(a) must determine fair procedures for the urgent hearing of disputes; or
(b) may grant an urgent ex parte spoliation order including to restore the occupation of a dwelling or access to services provided that an affected party may, on 24 hours' notice, require that a hearing be promptly convened.
(2) During the national state of disaster and without derogating from the protections afforded by the Rental Housing Act, 1999 or any provincial unfair practice regulation in place or the duty to consider the interests of both the landlord and tenant on a just and equitable basis, the following conduct is presumed to be an unfair practice for purposes of the Act:
(a) The termination of services in circumstances where -
(i) the landlord has failed to provide reasonable notice and an opportunity to make representations:
(ii) the landlord has failed, reasonably and in good faith, to make the necessary arrangements including to reach an agreement regarding alternative payment arrangements, where applicable; or
(iii) no provision has been made for the ongoing provision of basic services during the national state of disaster.
(b) The imposition of any penalty for the late payment of rental where the default is caused by the disaster, whether or not the penalty takes the form of an administrative charge or any other form other than interest.
(c) The failure of a landlord or tenant to engage reasonably and in good faith to make arrangements to cater for the exigencies of the disaster.
(d) Any other conduct prejudicing the ongoing occupancy of a place of residence; prejudicing the health of any person or prejudicing the ability of any person to comply with the applicable restrictions on movement that is unreasonable or oppressive having regard to the prevailing circumstances.

(3) Where the protections afforded by any Unfair Practice Regulations in force in any province are greater than those provided in this regulation, the provisions of the provincial Unfair Practice Regulations shall apply.

(4) The Cabinet member responsible for human settlements must, after consulting with the Rental Housing Tribunals, issue directions disseminating information about the manner in which the Tribunals will conduct their proceedings during the national state of disaster including, but not limited to-
(a) the manner in which Tribunals will facilitate expeditious access to any aggrieved person; and
(b) the convening of remote hearings or the convening of hearings at any suitable place.

Places and premises closed to the public

72. (1) Night clubs are closed to the public.

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

Prohibition of initiation practices

73. (1) Initiation practices are prohibited nationally, except that initiation practices will be allowed in the Eastern Cape Province, excluding Nelson Mandela Bay, and Sarah Baartman district.

(2) Where initiation practices are prohibited -
(a) a person may not arrange or hold an initiation school or conduct an initiation practice;
(b) a prospective initiate may not attend an initiation school;
(c) an owner of land may not provide consent for the use of his or her land for the holding of an initiation school; and 
(d) a traditional surgeon or medical practitioner may not perform circumcision as part of an initiation practice.

(3) Where initiation practices are allowed there must be strict adherence to all health protocols and social distancing measures as provided for in directions issued by the relevant Cabinet member after consultation with the Cabinet member responsible for health.

(4) All post-initiation celebrations ("imigidi') are prohibited.

(5) 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.

(6) Failure to adhere to these regulations and any directions that are issued in respect of initiation schools, will result in the closure of initiation schools by the relevant authorities.

Controlled visits by members of the public

74. (1) All 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, subject to strict adherence to health protocols; and
(f) older persons' residential facilities, are prohibited except to the extent and in the manner directed by the relevant Cabinet member.

(2) The Independent Electoral Commission will be allowed to visit the institutions referred to in subregulation (1), where required for the purposes of voter registration, or special voting, to the extent and in the manner set out in Directions by the relevant Cabinet member.

Partial re-opening of borders

75. (1) The 18 land borders which were partially operational, will be fully operational, and the 34 land borders which were closed, will remain closed except for the Kosibay Port of Entry which will reopen on 1 January 2021.

(2) Traveling to and from the Republic is allowed, subject to subregulation (3).

(3) All international travel will resume subject to-
(a) the traveler providing a valid certificate of a negative test which was obtained not more than 72 hours before the date of travel; and
(b) in the event of the traveler's failure to submit a certificate as proof of a negative test, the traveler will be required to quarantine him or herself at his or her own costs.

(4) International air travel is restricted to the following airports-
(a) OR Tambo International Airport;
(b) King Shaka International Airport; and
(c) Cape Town International Airport.

(5) Daily commuters from neighbouring countries who attend or teach at a school in the Republic, and who are allowed entry into and exit from the Republic, subject to compliance with protocols relating to-
(a) screening for COVID-19 and quarantine or isolation, where necessary;
(b) the wearing of a face mask;
(c) transportation; and
(d) sanitisation and social distancing measures as per the relevant health protocols on safety and prevention of the spread of COVID-19.

(6) All commercial seaports will be opened.

(7) Small crafts will be allowed entry into seaports, in-line with health and border law enforcement protocols.

(8) The resumption of services for visa applications shall be determined in directions issued by the Cabinet member responsible for home affairs.

(9) The Cabinet member responsible for home affairs in consultation with the Cabinet members responsible for health and transport must  develop International Travel Containment Protocols to be issued in directions, to ensure that entry into South African ports of entry will only be allowed subject to adherence to ensure COVID-19 positive travelers are not allowed into the Republic.

Public transport

76. (1) For purposes of this regulation "long distance travel" is a trip of 200 km or more.

(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 -
(a) may not carry more than 70% of the licensed capacity for long distance 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 who is not wearing a face mask, to board or be conveyed in a 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 the steps to be followed for the limitation of the exposure of members of the public using public transport to COVID-19.

Sale and dispensing of liquor

77. (1) The sale of liquor -

(a) by a licensed premises for off-site consumption is only permitted from 10H00 to 18H00, from Mondays to Thursdays, excluding Fridays, Saturdays, Sundays and public holidays, and
(b) by a licensed premises for on-site consumption is permitted, subject to strict adherence to the curfew provided for in regulation 66(2).

(2) The provisions of subregulation (1)(a) do not apply to duty-free shops.

(3) The consumption of liquor in public places, except in licensed on-site consumption premises, is not permitted.

(4) Registered wineries and wine farms may continue to operate in offering wine -tastings and the selling of wine to the public for off-site consumption, subject to strict adherence to the curfew provided for in regulation 66(2) and strict adherence to social distancing measures and health protocols.

(5) The sale and consumption of liquor in contravention of subregulations (1) and (3) is an offence.

Operation of economic sector

78. (1) Businesses may operate except for those set out in Table 4.

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

(3) 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.

(4) (a) Firms must adhere to any sector- specific health protocols intended to limit the spread of COVID-19 in the sector concerned.
(b) Sector-specific health protocols may address matters such as work rotation, staggered working hours, shift systems, remote working arrangements, special measures affecting persons with greater vulnerabilities or similar measures, in order to achieve social distancing, protect employees or limit congestion in public transport and at the workplace.
(c) Sector-specific health protocols where these are still to be developed, must be developed and issued by Cabinet members responsible for a sector in consultation with the Cabinet member responsible for health.

Offences and penalties

80. (1) For the duration of the national state of disaster, any person who hinders, interferes with. or obstructs an enforcement officer in the exercise of his or her powers, or the performance of his or her duties in terms of these Regulations, is guilty of an offence and, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

(2) For the purposes of this Chapter, any person who fails to comply with or contravenes a provision of regulations 66; 67(6); 69(12)(e); 69(14); 72(1); 73(1); (2) and (4); 76(3)(a) and 77(1) and (3) of these Regulations commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment. 

HOTSPOTS

Movement of persons

82. (1) Every person is confined to his or her place of residence from 22H00 until 04H00 daily, except where a person -

(a) has been granted permission through directions by the relevant Cabinet member or a permit, which corresponds with Form 7 of Annexure A, to perform a service other than a service related to an activity listed under Table 4; or
(b) is attending to a security or medical emergency.

(2) Closing time for the following establishments, whether indoors or outdoors, is 21H00 daily:

(a) Faith-based institutions;
(b) venues where social events are hosted;
(c) venues hosting concerts and live performances;
(d) cinemas;
(e) theatres;
(t) casinos;
(g) museums, galleries and archives;
(h) gyms, fitness centres and swimming pools;
(i) restaurants, bars, taverns, shebeens and similar establishments; 
(j) venues hosting sport, arts and culture activities; and
(k) any other place where a gathering may take place.

Attendance of funerals

83. (1) Attendance at a funeral is limited to 100 persons or less: Provided that not more than 50 percent of the capacity of the venue is used, with persons observing a distance of at least one and a half metres from each other.

(2) Night vigils are not allowed.

(3) After-funeral gatherings are not allowed in areas determined as hotspots.

(4) During a funeral, a person must wear a face mask and adhere to all health protocols and social distancing measures.

Gatherings

84. (1) Every person, when attending a gathering and in order to limit exposure to COVID-19 must -

(a) wear a face mask;
(b) adhere to all health protocols;
(c) maintain a distance of at least one and a half metres from each other; and
(d) adhere to any other health protocols and social distancing measures as provided for in directions issued by the relevant Cabinet member after consultation with the Cabinet member responsible for health.

(2) An owner or operator of any indoor or outdoor facility where gatherings are held must display the certificate of occupancy which sets out the maximum number of persons the facility may hold.

(3) Gatherings at faith-based institutions are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering, and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(4) Gatherings at social events are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering, and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(5) Gatherings at political events and traditional council meetings are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(6) Gatherings at a workplace for work purposes are allowed.

(7) Gatherings at conferences and meetings are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used: Provided that persons participating through electronic platforms are not included in these limitations.

(8) Gatherings for concerts and live performances are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(9) Gatherings at cinemas and theatres are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(10) Gatherings at casinos are limited to 100 persons or less in case of an indoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(11) Gatherings at the following places are allowed, subject to the strict adherence to health protocols and social distancing measures, as set out in directions by the relevant Cabinet member -

(a) sports grounds and fields are limited to 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used; and

(b) museums, galleries, libraries and archives are limited to 100 persons or less in case of an indoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(12) Gatherings at beaches are allowed subject to the following exceptions and conditions:

(a) Beaches in the Eastern Cape province will be closed to the public from 16 December 2020 until 03 January 2021;

(b) beaches in the Garden Route District will be closed to the public from 16 December 2020 until 3 January 2021;

(c) beaches in the KwaZulu-Natal province will be closed to the public on 16, 25, 26 and 31 December 2020 and 1, 2 and 3 January 2021;

(d) beaches in the Northern Cape and the Western Cape provinces (excluding the Garden Route District beaches) will be open to the public;

(e) festivals, live music, live performances and loud music at beaches are prohibited;

(f) all beaches that are open to the public shall -
(i) be open between 06H00 and 19H00;
(ii) be monitored for compliance with all health protocols, wearing of face-masks and social distancing measures
(iii) any loud music, whether live or otherwise, is prohibited; and

(g) the closure of beaches and restrictions on times of operation do not apply to fishermen for fishing purposes, who are in possession of a permit or exemption granted in terms of the Marine Living Resources Act, 1998 (Act No. 18 of 1998).

(13) Non-compliance with the prohibitions, conditions, days of opening of beaches, and wearing of face -masks and social distancing measures, will result in the closure of those non-complying beaches throughout the festive season.

(14) Access to national and provincial parks, and other parks
where access control measures and entry limitations are already in place, will
remain open to the public.

(15) Gatherings at public parks are allowed, subject to the following exemptions and conditions:

(a) Public parks in the Eastern Cape province will be closed from 16 December 2020 until 3 January 2021;
(b) public parks in the KwaZulu-Natal province will be closed to the public only on 16, 25, 26 and 31 December 2020 and 1, 2 and 3 January 2021;
(c) public parks in the Northern Cape and Western Cape provinces will be open to the public; and
(d) public parks that are open to the public shall-
(i) be open between 09H00 and 18H00;
(ii) be monitored for compliance with all health protocols wearing of face-masks and social distancing measures.
(iii) Any loud music, whether live or otherwise, is prohibited; and

(16) Non -compliance with the prohibitions, conditions, days of opening of public parks and wearing of face-masks and social distancing measures, will result in the closure of those non-complying public parks throughout the festive season.

(17) Gatherings at gyms, fitness centres and swimming pools are allowed, subject to a limitation of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

(18) Gatherings at the following places are allowed, subject to the limitations set out below -

(a) (i) restaurants, subject to a maximum of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.
(ii) Further, subject to strict adherence to the times of operation provided for in regulation 66(2), health protocols and social distancing measures, as provided for in the directions issued by the relevant Cabinet member, after consultation with the Cabinet member responsible for health.

(b) (i) bars, taverns, shebeens, and similar establishments subject to a maximum of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.
(ii) Further, subject to strict adherence to the times of operation provided for in regulation 66(2) health protocols and social distancing measures, as provided for in the directions issued by the relevant Cabinet member, after consultation with the Cabinet member responsible for health.

(c) (i) hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses allowed full capacity of the available rooms for accommodation, with patrons observing a distance of at least one and a half metres from each other when in common spaces;
(ii) Conferencing, dining, entertainment and bar facilities are subject to a limitation of a maximum of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used; and
(iii) loud music, whether live or otherwise, is prohibited.

(19) Gatherings at auctions are allowed, subject to a maximum of 100 persons or less in case of an indoor gathering and 250 persons or less in case of an outdoor gathering and if the venue is too small to hold 100 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.

Further, subject to strict adherence to all health protocols, social distancing measures and directions issued by the relevant Cabinet member, in consultation with the Cabinet member responsible for health.

(20) Sport, arts and culture activities, including both professional and non professional matches, by recognised sporting bodies are allowed, subject to strict adherence to the times of operation as provided for in regulation 66(2) and the following:

(a) Directions for sports matches issued by the Cabinet member responsible for sport after consultation with the Cabinet member responsible for health;
(b) only journalists, radio, television crew, security personnel, emergency medical services, and the necessary employees employed by the owners of the venue of the sport match, are allowed at the venue of the sport match;
(c) only the required number of players, match officials, support staff and medical crew required for the sport match, are allowed at the venue of the sport match;
(d) no spectators are allowed at the venue of the sports match; and
(e) international sport, arts and culture events involving countries with a low or medium COVID-19 infection and transmission rate are allowed.

(21) An enforcement officer must, where a gathering in contravention of the regulations 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

85. (1) Initiation practices are prohibited nationally, except that initiation practices will be allowed in the Eastern Cape Province, excluding Nelson Mandela Bay, and Sarah Baartman district.

(2) Unless otherwise determined -

(a) a person may not arrange or hold an initiation school or conduct an initiation practice;
(b) a prospective initiate may not attend an initiation school;
(c) an owner of land may not provide consent for the use of his or her land for the holding of an initiation school; and
(d) a traditional surgeon or medical practitioner may not perform circumcision as part of an initiation practice.

(3) All post-initiation celebrations ("imigidi') are prohibited.

(4) 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.

(5) Failure to adhere to these regulations and any directions that are issued in respect of initiation schools, will result in the closure of initiation schools by the relevant authorities. 

Sale and dispensing of liquor

86. (1) The sale of liquor -

(a) by a licensed premises for off-site consumption is only permitted from 10H00 to 18H00, from Mondays to Thursdays, excluding Fridays, Saturdays, Sundays and public holidays, and
(b) by a licensed premises for on-site consumption is permitted, subject to strict adherence to the curfew provided for in regulation 80(2).

(2) The provisions of subregulation (1)(a) do not apply to duty-free shops.

(3) The consumption of liquor in public places, except in licensed on-site consumption premises, is not permitted.

(4) Registered wineries and wine farms may continue to operate in offering wine -tastings and the selling of wine to the public for off-site consumption, subject to strict adherence to the curfew provided for in regulation 66(2) and strict adherence to social distancing measures and health protocols.

(5) The sale and consumption of liquor in contravention of subregulations (1) and (3) is an offence.

Offences and penalties

87. For the purposes of this Chapter, any person who fails to comply with or contravenes a provision of regulations 82; 84(12)(e); 85(1), (2) and (3), 86(1) and (3), of these Regulations commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

 

Table 4: Alert level 1

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 1, subject to-

(a) strict adherence to 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 risks of infection; and
(d) the work not being listed under the specific exclusions in this Table.

SPECIFIC ECONOMIC EXCLUSIONS
1. NIght vigils
2. After-funeral gatherings.
3. Night clubs.
4. Beaches:
(a) Beaches in the Eastern Cape province will be closed to the public from 16 December 2020 until 03 January 2021;
(b) beaches in the Garden Route District will be closed to the public from 16 December 2020 until 3 January 2021; and
(c) beaches in the KwaZulu-Natal province will be closed to the public only on 16, 25, 26 and 31 December 2020 and 1, 2 and 3 January 2021.
5. Public parks:
(a) Public parks in the Eastern Cape province will be closed to the public from 16 December 2020 until 03 January 2021;
(b) public parks in the Garden Route District will be closed to the public from 16 December 2020 until 3 January 2021; and
(c) public parks in the KwaZulu-Natal province will be closed to the public only on 16, 25, 26 and 31 December 2020 and 1, 2 and 3 January 2021.
6. Public parks where the entrance to that park is not strictly controlled.
7. The 33 land borders that remain closed.
8. Initiation practices and post-initiation practices (imigidi) except as specifically allowed in regulation 73 and 85.
9. Passenger ships for international leisure purposes, excluding small crafts, in-line with health and border law enforcement protocols.
10. Attendance of any sporting event by spectators.
11. International sport, arts and culture events involving countries with a high COVID-19 infection and transmission rate are prohibited.
12. Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport.
13. Exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education.

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