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Saturday, May 30, 2020
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    National State of Disaster now a reality.

    A National State of Disaster is now a reality. The minister announced the State of Disaster a few days ago and it was published in the Government Gazette dated 18 March 2020.03.19

    This placed several severe restrictions on the citizens of South Africa.

    The first case of the Coronavirus has been confirmed in Secunda amidst calls that it was fake news.

    Here are a few graphics to help readers understand the restrictions etc. in the regulations as well as the full regulations.

    SCHEDULE

    Definitions

    1. In these Regulations, unless the context otherwise indicates—

    ‘adequate space’ means not more than one person per square meter of floor space;

    ‘COVID-19’ means the Novel Coronavirus (2019-nCov) which is an infectious disease

    caused by a virus, which emerged during 2019 and was declared a global pandemic by the

    WHO during the year 2020 that has previously not been scientifically identified in humans;

    ‘Criminal Procedure Act’ means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

    ‘enforcement officer’ includes a member of the South African Police Service, the South

    African National Defence Force and a peace officer as defined in section 1 of the Criminal

    Procedure Act;

    ‘donor’ means an individual, corporation or organisation that is a contributor of cash, kind

    and/or other assets;

    ‘gathering’ means any assembly, concourse or procession of more than 100 persons,

    wholly or partially in open air or in a building or premises;

    ‘isolation’ means separating a sick individual with a contagious disease from healthy

    individuals without that contagious disease in such a manner as to prevent the spread of

    infection or contamination;

    ‘liquor’ means—

    (a) any liquor product, as defined in section 1 of the Liquor Products Act, 1979 (Act No.

    60 of 1989);

    (b) beer or traditional African beer; or

    (c) any other substance or drink declared to be liquor under the Liquor Act, 2003 (Act

    No. 59 of 2003), but does not include methylated spirits;

    ‘national state of disaster’ means the national state of disaster declared by Government

    Notice No. R. 313 of 15 March 2020;

    ‘partial care facility’ means a facility offering partial care as defined in section 1 of the

    Children’s Act, 2005 (Act No. 38 of 2005);

    ‘quarantine’ means separating asymptomatic individuals potentially exposed to a disease

    from non-exposed individuals in such a manner as to prevent the possible spread of

    infection or contamination;

    ‘school’ means a school as defined in section 1 of the South African Schools Act, 1984 (Act

    No. 84 of 1996); and

    ‘the Act’ means the Disaster Management Act, 2002 (Act No. 57 of 2002).

    ‘WHO’ means the World Health Organisation.

    Release of resources

    2. (1) The Department of Defence must, for the duration of the declared

    national state of disaster, within its available resources—

    (a) release and mobilise any available resources, including human resources, stores,

    equipment, ships, aircraft platforms, vehicles and facilities; and

    (b) ensure the delivery of essential services,

    as may be required, to prevent, limit, contain, combat and manage the spread of COVID19.

    (2) National organs of state must, within their available resources release

    their personnel for the rendering of emergency services, as contemplated in section 27(2)(b)

    of the Act.

    (3) Institutions within national, provincial and local government must make

    resources, other than funding, available to implement these Regulations or directions issued

    in terms of section 27(2) of the Act regarding the national state of disaster.

    (4) Institutions within national, provincial and local government must—

    (a) make funding available; and

    (b) as far as possible, without affecting service delivery in relation to the realisation of the

    rights contemplated in sections 26 to 29 of the Constitution of the Republic of South

    Africa, 1996, shift funding,

    within its budget to implement these Regulations or directions issued in terms of section

    27(2) of the Act, regarding the national state of disaster.

    (5) The National Treasury and provincial treasuries must take the

    necessary steps in terms of applicable legislation to implement these Regulations or

    directions issued in terms of section 27(2) of the Act, in relation to the national state of

    disaster.

    (6) Donor funding received to assist with the national state of disaster must

    be—

     (a) paid into the Reconstruction and Development Fund, established by the

    Reconstruction and Development Fund Act, 1994 (Act No. 7 of 1994); and

    (b) used strictly for purposes of implementing these Regulations and directions issued in

    terms of section 27(2) of the Act in relation to the national state of disaster.

    Prevention and prohibition of gatherings

    3. (1) In order to contain the spread of COVID-19, a gathering is prohibited.

    (2) An enforcement officer must, where a gathering takes place—

    (a) order the persons at the gathering to disperse immediately; and

    (b) if they refuse to disperse, take appropriate action, which may, subject to the Criminal

    Procedure Act include arrest and detention.

    (3) The assembly of more than 50 persons at premises where liquor is sold

    and consumed is prohibited.

    Refusal of medical examination, prophylaxis, treatment, isolation and quarantine

    4. (1) No person who has been clinically, or by a laboratory, confirmed as having

    COVID-19, or who is suspected of having contracted COVID-19, or who has been in contact

    with a person who is a carrier of COVID–19, may refuse consent to an enforcement officer

    for—

    (a) submission of that person to a medical examination, including but not limited to the

    taking of any bodily sample by a person authorised in law to do so;

    (b) admission of that person to a health establishment or a quarantine or isolation site; or

    (c) submission of that person to mandatory prophylaxis, treatment, isolation or quarantine

    or isolation in order to prevent transmission:

    Provided that if a person does not comply with the instruction or order of the enforcement

    officer, that person must be placed in isolation or quarantine for a period of 48 hours, as the

    case may be, pending a warrant being issued by a magistrate, on application by an

    enforcement officer for the medical examination contemplated in paragraph (a).

    (2) A warrant contemplated in sub regulation (1) may be issued by a magistrate, if

    it appears from information on oath or affirmation by an enforcement officer —

    (a) that a person is confirmed as having been infected with COVID-19;

     (b) who is on reasonable grounds suspected of having contracted COVID-19, or who has

    been in contact with, or on reasonable grounds suspected to have been in contact

    with a person who is a carrier or infected with COVID–19.

    (3) The warrant may impose restrictions on the powers of the enforcement officer

    as the magistrate may deem fit.

    (4) A warrant issued in terms of this regulation remains in force until —

    (a) it is executed;

    (b) it is cancelled by the person who issued it or, if such person is not available, by any

    person with like authority;

    (c) the expiry of ninety days from the date of its issue; or

    (d) the purpose for the issuing of the warrant has lapsed,

    whichever occurs first.

    (5) No person is entitled to compensation for any loss or damage arising out of

    any bona fide action or omission by an enforcement officer under this regulation.

    Places of quarantine and isolation

    5. (1) The Minister of Public Works and Infrastructure must identify and make

    available sites to be used as isolation and quarantine facilities as the need arises.

    (2) The Members of the Executive Council responsible for public works must

    identify and make available sites to be used as isolation and quarantine facilities within each

    province, as the need arises.

    (3) The accounting officers of municipalities must identify and make available

    sites to be used as isolation and quarantine facilities within their local areas and provide the

    list to the Department of Health for resourcing.

    Closure of schools and partial care facilities

    6. Schools and partial care facilities must be closed by 18 March 2020 until 15 April

    2020, which period may be extended for the duration of the national state of disaster by the

    cabinet member responsible.

    Suspension of visits

    7. All visits by members of the public to—

    (a) Correctional Centres;

     (b) Remand Detention Facilities;

    (c) Holding Cells;

    (d) Military Detention Facilities; and

    (e) Department of Social Development facilities, including Child and Youth Care Centres,

    shelters, One Stop Centres and Treatment Centres,

    are suspended for a period of 30 days from the date of publication of this Notice, which

    period may be extended for any period, but not beyond the duration of the national state of

    disaster by the cabinet member responsible.

    Limitation on the sale, dispensing or transportation of liquor

    8. (1) All on-consumption premises selling liquor, including taverns, restaurants and

    clubs, must be closed with immediate effect, or must accommodate no more than 50 persons

    at any time: Provided that adequate space is available and that all directions in respect of

    hygienic conditions and limitation of exposure to persons with COVID-19, are adhered to.

     (2) All premises selling liquor which provide accommodation must implement

    measures to stop the spread of COVID-19: Provided that adequate space is available and

    that all directions in respect of hygienic conditions and limitation of exposure to persons with

    COVID-19 are adhered to.

    (3) No special or events liquor licenses may be considered for approval during

    the duration of the national state of disaster.

    (4) All on-consumption premises selling liquor referred to in sub regulation (1)

    must be closed —

    (i) between 18:00 and 09:00 the next morning on weekdays and Saturdays; and

    (ii) from 13:00 on Sundays and public holidays.

    (5) All off-consumption premises selling liquor must be closed —

    (i) between 18:00 and 09:00 the next morning on weekdays and Saturdays; and

    (ii) from 13:00 on Sundays and public holidays.

    Emergency Procurement Procedures

    9. Emergency procurement for institutions is subject to —

     (a) the Public Finance Management Act, 1999 (Act No. 1 of 1999) and the applicable

    emergency provisions in the Regulations or Instructions made under section 76 of

    that Act; and

    (b) the Municipal Finance Management Act, 2003 (Act No. 56 of 2003) and the

    applicable emergency provisions in the Regulations made under that Act.

    Authority to issue directions

    10. (1) The Minister of Health may—

    (a) issue directions to address, prevent and combat the spread of COVID-19 in any area

    of the Republic of South Africa, which directions may include the—

    (i) recruitment and training of human resources from the Department of Health

    and other entities responsible for the handling of COVID-19 mortal remains;

    (ii) deployment of human resources from the Department of Health to identified

    sites to render services;

    (iii) sourcing of human resources from the Expanded Public Works Programme

    retired health professionals and Non-Governmental Organisations to render

    services in identified sites;

    (iv) provision of health equipment, sanitation materials and medical supplies;

    (v) identification and establishment of mortuaries that will accommodate all

    COVID-19 mortal remains;

    (vi) disposal of COVID-19 mortal remains; and

    (b) vary the directions referred to in paragraph (a) as the circumstances require.

    (2) The Minister of Justice and Correctional Services may—

    (a) issue directions to address, prevent and combat the spread of COVID-19 in all

    Correctional Centres and Remand Detention Facilities in the Republic of South Africa;

    (b) after consultation with the Chief Justice, where appropriate, issue directions to

    address, prevent and combat the spread of COVID-19 in all courts and court precincts

    in the Republic of South Africa; and

    (c) vary the directions referred to in paragraphs (a) and (b) as the circumstances require.

    (3) The Ministers of Basic and Higher Education may —

    (a) issue directions to address, prevent and combat the spread of COVID-19 in all

    schools and institutions of higher learning; and

    (b) vary the directions referred to in (a) as the circumstances require.

    (4) The Minister of Police may—

    (a) issue directions to address, prevent and combat the spread of COVID-19 in all police

    stations, police precincts and holding cells; and

    (b) vary the directions referred to in paragraph (a) as the circumstances require.

    (5) The Minister of Social Development may—

    (a) issue directions to address, prevent and combat the spread of COVID-19 in all

    Department of Social Development facilities; and

    (b) vary the directions referred to in paragraph (a) as the circumstances require.

    (6) The Minister of Trade and Industry may —

    (a) issue directions to—

    (i) protect consumers from excessive, unfair, unreasonable or unjust pricing of

    goods and services during the national state of disaster; and

    (ii) maintain security and availability of the supply of goods and services during

    the national state of disaster;

    (b) issue directions to address, prevent and combat the spread of COVID-19; and

    (c) vary the directions referred to in paragraphs (a) and (b) as the circumstances require.

    (7) The Minister of Transport may—

    (a) issue directions to address, prevent and combat the spread of COVID-19 in matters

    falling within his mandate; and

    (b) vary the directions referred to in paragraph (a) as the circumstances require.

    (8) Any Minister may issue and vary directions, as required, within his or

    her mandate, to address, prevent and combat the spread of COVID-19, from time to

    time, as may be required, including—

    (a) disseminating information required for dealing with the national state of disaster;

    (b) implementing emergency procurement procedures;

    (c) taking any other steps that may be necessary to prevent an escalation of the national

    state of disaster, or to alleviate, contain and minimise the effects of the national state

    of disaster; or

    (d) taking steps to facilitate international assistance.

    Offences and penalties

    11. (1) For purposes of regulation 3, any person who—

    (a) convenes a gathering;

    (b) permits more than 50 persons at premises where liquor is sold and consumed; or

    (c) 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) A person is guilty of an offence if that person fails to comply with or

    contravenes the provisions of regulations 6 and 9 of these Regulations.

    (3) A person convicted of an offence mentioned in sub regulation (2) liable on

    conviction to a fine or to imprisonment not exceeding six months or to both a fine and

    imprisonment.

    (4) Any person who intentionally misrepresents that he, she or any other person

    is infected with COVID-19 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.

    (5) Any person who publishes any statement, through any medium, including

    social media, with the intention to deceive any other person about—

    (a) COVID-19;

    (b) COVID-19 infection status of any person; or

    (c) any measure taken by the Government to address COVID-19,

    commits an offence and is liable on conviction to a fine or imprisonment for a period not

    exceeding six months, or both such fine and imprisonment.

    (6) Any person who intentionally exposes another person to COVID-19 may be

    prosecuted for an offence, including assault, attempted murder or murder.

    Commencement

    12. These Regulations come into operation on the date of publication.

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    National State of Disaster now a reality.