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National Health Act: Regulations: Surveillance and control of notifiable medical conditions: Amendment

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Please note these regulations were withdrawn on 22 June 2022

Clarification on valid vaccination certificate

The government will, with effect from 27 May 2022 recognise all verifiable vaccination proofs with QR Codes, either paper based or electronic.

The details on the certificate/card should correspond with the information of the traveller as they appear on the passport. However, in cases where the vaccination certificate or card is not verifiable, the Department officials have got the right to contact the relevant embassy or High Commission in South Africa to confirm a type proof of vaccination issued by respective countries.

Full statement

Below follows an extraction from the PDF version

"Wearing of face masks to contain the spread of COVID-19

16A. (1) Subject to the provisions of subregulations (5) to (6), the measures stipulated
in subregulations (2) to (4) must be adhered to.

(2) For the purposes of this Regulation, a 'face mask' means 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) A person must, when entering and being inside an indoor public place, wear a face mask.

(4) No person may use any form of public transport if they do not wear a face mask.

(5) The measures in this Regulation shall come into operation upon publication of
this regulation in the Government Gazette.

(6) The Minister of Health may:
(a) determine that the measures in this Regulation, in part or in their entirety, are no longer necessary to contain the spread of COVI D-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will no longer be in operation; and 
(b) at any time after having made such a determination, determine that the measures concerned are once again necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will resume operation.

Regulation of gatherings to contain the spread of COVID-19

16B. (1) Subject to the provisions of subregulations (10) to (11 ), the measures stipulated
in subregulations (2) to (9) must be adhered to.

(2) For purposes of this regulation: 
(a) a "gathering" means a planned assembly or meeting at a particular venue involving more than one hundred persons, whether for faith-based, religious, social, political, cultural, sporting, economic or recreational purposes; and
(b) "vaccinated against COVID-19" means having received at least one dose of a vaccine approved for use in respect of COVID-19 by the South African Health Products Regulatory Authority or listed for this purpose
by the World Health Organization.

(3) For any indoor gathering, a maximum of 50% of the venue capacity may be occupied, provided that every attendee must:
(a) be vaccinated against COVID-19 and produce a valid vaccination certificate; or
(b) produce a valid certificate of a negative COVID-19 test, recognised by the World Health Organization, which was obtained not more than 72 hours before the date of the gathering.

(4) Where sub-regulation (3) is not complied with, then attendance at the indoor gathering shall be limited to 1000 people or 50% of the capacity, whichever is smaller.

(5) For any outdoor gathering, a maximum of 50% of the venue capacity may be occupied, provided that every attendee must:
(a) be vaccinated against COVID-19 and produce a valid vaccination certificate; or
(b) produce a valid certificate of a negative COVID-19 test, recognised by the World Health Organisation, which was obtained not more than 72 hours before the date of the gathering.

(6) Where sub-regulation (5) is not complied with, then attendance at the outdoor gathering shall be limited to 2000 people or 50% of the capacity, whichever is smaller.

(7) 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.

(8) Hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses are allowed full capacity of the available rooms for accommodation, with patrons wearing face masks when in common spaces.

(9) All registered basic education institutions are excluded from the operation of this regulation.

(10) The measures in this Regulation shall come into operation upon publication of this regulation in the Government Gazette.

(11) The Minister of Health may:
(a) determine that the measures in this Regulation, in part or in their entirety, are no longer necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will no longer be in operation; and
(b) at any time after having made such a determination, determine that the measures concerned are once again necessary to contain the spread of COVID-19 and give notice of this determination in the Government
Gazette, whereupon the measures concerned will resume operation.

Regulation of persons entering the country to contain the spread of COVID-19

16C. (1) Subject to the provisions of subregulations (6) to (7), the measures stipulated in subregulations (2) to (5) must be adhered to.

(2) For purposes of this regulation, "vaccinated against COVID-19" means having received at least one dose of a vaccine approved for use in respect of COVID-19 by the South African Health Products Regulatory Authority or listed for this purpose by the World Health Organization.

(3) All international travellers arriving at South African Ports of Entry must:
(a) be vaccinated against COVID-19 and produce a valid vaccination certificate; or
(b) produce a valid certificate of a negative PCR COVID-19 test, recognised by the World Health Organization, which was obtained not more than 72 hours before the date of departure; or
(c) produce a valid certificate of a negative antigen COVID-19 test performed by a medical practitioner, registered public health authority or accredited/approved laboratory which was obtained not more than
48 hours before the date of departure; or
(d) produce a valid certificate of a positive PCR COVID-19 test, recognised by the World Health Organization, for a test date less than 90 days prior to the date of arrival and more than 10 days prior to the date of arrival, together with a signed letter from a health care provider, registered in the country of origin, stating that the person has fully recovered from COVID-19, is not experiencing any new symptoms and is fit to travel.

(4) If an international traveller does not comply with subregulation (3): (a) the traveller must undergo antigen testing for COVID-19 at the Port of Entry; and
(b) if the traveller tests positive for COVID-19 in the antigen test, the traveller will still be admitted into the Republic but, if the traveller is experiencing symptoms of COVID-19, the traveller must self-isolate for ten days after admission into the Republic.

(5). Subregulations (3) and (4) do not apply to:
(a) travellers who are under 12 years old; and
(b) daily commuters from neighbouring countries.

(6) The measures in this Regulation shall come into operation upon publication of this regulation in the Government Gazette.

(7) The Minister of Health may:
(a) determine that the measures in this Regulation, in part or in their entirety, are no longer necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will no longer be in operation; and
(b) at any time after having made such a determination, determine that the measures concerned are once again necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will resume operation.

Amendment of Annexure A to the Regulations

3. Table 2 of Annexure A to the Regulations is amended by inserting the following item
between existing items 5 and 6:
5A. Coronavirus disease (COVID-19)