Below is an extraction from the Gazette on lockdown regulations:
Restriction on the movement of persons and goods:
11 B. (1 )(a) For the period of lockdown-
(i) every person is confined to his or her place of residence, unless strictly for the purpose of performing an essential service, obtaining an essential good or service, collecting a social grant, or seeking emergency, life-saving, or chronic medical attention;
(ii) every gathering, as defined in regulation 1 is hereby prohibited, except for funeral as provided for in sub regulation (8);
(iii) movement between provinces is prohibited; and
(iv) movement between the metropolitan and district areas, is prohibited.
(b) All businesses and other entities shall cease operations during the lockdown, save for any business or entity involved in the manufacturing, supply, or provision of an essential good or service.
(c) Retail shops and shopping malls must be closed, except where essential goods are sold and on condition that the person in control of the said store must put in place controls to ensure that customers keep a distance of at least one square meter from each other, and that all directions in respect of hygienic conditions and the exposure of persons to COVID-19 are adhered to.
(c) Retail stores selling essential goods is prohibited from selling any other goods.
(d) The Cabinet member designated under section 3 of the Act may amend the list contemplated in paragraph (c) as required from time to time.
(e) Any place not involved in the provision of an essential good or service must remain closed to all persons for the duration of the lockdown.
(2) The head of an institution must determine essential services to be performed by his or her institution, and must determine the essential staff who will perform those services: Provided that the head of an institution may delegate this function, as may be required in line with the complexity and size of the business operation.
(3) Persons performing essential services as determined in subregulation (2), must be duly designated in writing by the head of an institution, on a form that corresponds substantially with Form 1 in Annexure C.
(4) All places or premises provided for in Annexure D must be closed to the public except to those persons rendering security and maintenance services at those places or premises.
(5) All persons performing essential services, obtaining essential goods or seeking medical attention, may be subjected to screening for COVID-19 by an enforcement officer.
(6)(a) All borders of the Republic are closed during the period of lockdown, except for transportation of fuel, and essential goods.
(b) The Cabinet member responsible for home affairs, or a person designated by him or her, may allow a person who requires to enter the Republic for emergency medical attention for a life-threatening condition.
(c) All foreign tourists who arrived in the Republic prior to, or after, the lockdown, and who remain in the Republic, must remain in their place of temporary residence in the Republic for the duration of the lockdown or 14 days, as the case may be, and may be subject to screening for COVID-19 and be quarantined or isolated as required.
(7) The Minister may issue directions to provide further conditions that will apply to activities referred to in sub regulation (1), or other activities, and may vary the directions as the circumstances require.
(8) Attendance at a funeral is limited to 50 people and will for purposes of these Regulations not be regarded as a prohibited gathering: Provided that no night vigil shall be held and that all safety measures are strictly adhered to.
Prohibition of public transport
11 C. ( 1) All commuter transport services including passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport is prohibited, except bus services, taxi services, e-hailing services and private motor vehicles for purposes of rendering essential services, obtaining essential goods, seeking medical attention, funeral services and to receive payment of grants: Provided that such vehicle carries no more than 50% of the licensed capacity and all directions in respect of hygienic conditions and the limitation of exposure of persons to COVID-19, are adhered to.
(2) Where a person rendering essential services is unable to travel to and from his or her place of employment, the employer must make the necessary transport arrangements: Provided that no more than 50% of the licensed capacity of the vehicle or vessel is exceeded and all directions in respect of hygienic conditions and the limitation of exposure to persons with COVID-19, are adhered to.
(3) The Cabinet member responsible for transport must issue directions for the transportation of persons who must obtain essential goods or services and where such person has no other means of transport except public transport as contemplated in subregulation (1), provided that no more than 50% of the licensed capacity of the vehicle or vessel is exceeded and all directions in respect of hygienic conditions and the limitation of exposure to persons with COVID-19, are adhered to.
Resources by the State during lockdown
11 D. (1) For the period of the declaration of a lockdown, a person refusing to be evacuated from any place subject to lockdown, may be evacuated by an enforcement officer to a temporary shelter, if such action is necessary for the preservation of life.
(2) The State shall identify-
( a) temporary shelters that meet the necessary hygiene standards for homeless people; and
(b) temporary sites for quarantine and self-isolation that meet the necessary hygiene standards for people who cannot isolate or quarantine in their homes.
(3) The provision of the State’s resources listed herein shall be for the duration of the lockdown, and the use thereof will be subject to conditions determined by the Cabinet member responsible for such resources.
Loss or damage
11 E. 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 these regulations.
Powers and indemnity
11 F. These Regulations do not limit any powers or indemnities of security services provided for in any law.
Offences and penalties
11 G. For purposes of this Chapter any person who contravenes regulation 118(1) and (4), shall be 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.”.
Addition of Annexures to the Regulations:
9. The following Annexures are hereby added to the Regulations:
ANNEXURE A
ORDER FOR A PERSON TO GO TO A SITE OF ISOLATION, QUARANTINED FACILITY, OR FOR A PERSON TO GO FOR MEDICAL EXAMINATION [See PDF version of Gazette]
Regulation 5(2)
ANNEXURE B
CATEGORISATION OF ESSENTIAL GOODS AND SERVICES DURING LOCK DOWN
Regulation 11A
A. GOODS
1. Food
(i) Any food product, including non-alcoholic beverages;
(ii) Animal food; and
(iii) Chemicals, packaging and ancillary products used in the production of any food product.
2. Cleaning and Hygiene Products
(i) Toilet Paper, sanitary pads, sanitary tampons, condoms;
(ii) Hand sanitiser, disinfectants, soap, alcohol for industrial use, household cleaning products, and personal protective equipment; and
(iii) Chemicals, packaging and ancillary products used in the production of any of the above.
3. Medical:
(i) Medical and Hospital Supplies, equipment and personal protective equipment; and
(ii) Chemicals, packaging and ancillary products used in the production of any of the above.
4. Fuel, including coal and gas
5. Basic goods, including airtime and electricity.
B. SERVICES
Categories of essential services shall be confined to the following services:
1. Medical, Health (including Mental Health), Laboratory and Medical services;
2. Disaster Management, Fire Prevention, Fire Fighting and Emergency services;
3. Financial services necessary to maintain the functioning of the banking and payments environment, including the JSE and similar exchanges, as well as Insurance services;
4. Production and sale of the goods listed in category A, above;
5. Grocery stores, including spaza shops;
6. Electricity, water, gas and fuel production, supply and maintenance;
7. Critical jobs for essential government services as determined by Head of National or Provincial Departments in accordance with the guidance by the DPSA, including Social Grant Payments;
8. Birth and death certificates, and replacement identification documents;
9. Essential municipal services;
10. Care services and social relief of distress provided to older persons, mentally ill, persons with disabilities, the sick, and children;
11. Funeral services, including mortuaries;
12. Wildlife Management, Anti-poaching, Animal Care and Veterinary services;
13. Newspaper, broadcasting and telecommunication infrastructure and services;
14. Production and sale of any chemicals, hygiene products, pharmaceuticals for the medical or retail sector;
15. Cleaning, sanitation, sewerage, waste and refuse removal services;
16. Services related to the essential functioning of courts, judicial officers, the Master of the High Court, Sheriffs and legal practitioners required for those services;
17. Essential SARS services defined by the Commissioner of SARS;
18. Police, peace officers, traffic officers, military medical personnel and soldiers, correctional services officials and traffic management services;
19. Postal services and courier services related to transport of medical products;
20. Private security services;
21. Air-traffic Navigation, Civil Aviation Authority, Cargo Shipping and dockyard services;
22. Gold, gold refinery, coal and essential mining;
23. Accommodation used for persons rendering essential services, quarantine, isolation and the lockdown;
24. Production, manufacturing, supply, logistics, transport, delivery, critical maintenance and repair in relation to the rendering of essential services including components and equipment;
25. Transport services for persons rendering essential services and goods, and transportation of patients;
26. Services rendered by the Executive, members of Parliament, Members of the Provincial Legislature, Members of Local Councils, the Judiciary, traditional leaders and National Office Bearers. of Political Parties represented in Parliament;
27. Commissioners of the South African Human Rights Commission, Gender Commission, and the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, and the Public Protector and Deputy Public Protector; and
28. Transport and logistics in respect of essential goods as set out in A above to neighboring countries.
ANNEXURE C
FORM 1
PERMIT TO PERFORM ESSENTIAL SERVICE [See PDF version of Gazette]
Regulation 118(3)
ANNEXURE D
PLACES AND PREMISES CLOSED TO THE PUBLIC
Regulation 118(4)
The following places and premises are closed to the public:
(a) Any place or premises normally open to the public where religious, cultural, sporting, entertainment, recreational, exhibitional, organisational or similar activities may take place;
(b) any place or premises normally open to the public where goods other than essential goods are procured, acquired, disposed of or sold;
(c) any place or premises normally open to the public such as-
(i) public parks, beaches and swimming pools;
(ii) flea markets;
(iii) open air food markets;
(iv) fetes and bazaars;
(v) night clubs;
(vi) casinos;
(vii) hotels, lodges and guest houses, except to the extent that they are required for remaining tourists confined to hotels, lodges and guest houses;
(viii) private and public game reserves except to the extent that they are required for remaining tourists confined to private and public game reserves;
(ix) holiday resorts except to the extent that they are required for remaining tourists confined to such holiday resort;
(x) on-consumption premises, including taverns, shebeens, shisanyama where liquor is sold;
(xi) off-consumption premises, including bottle stores, where liquor is sold
(xii) off-consumption areas in supermarkets where liquor is sold;
(xiii) theaters and cinemas;
(xiv) shopping malls and centers (excluding grocery stores and pharmacies); and
(xv) taxi ranks, bus depots, train stations and airports; and
(d) any other place or premises determined by the Cabinet member responsible for cooperative governance and traditional affairs by direction in the Gazette.”.
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