The decline in the number of infections (under 10 000 new infections recorded in the last week of February) serves as an indication that the country has emerged from the second wave.
The government's approach is not to keep restrictions in place longer than is necessary to contain the disease. As a result, the Cabinet decided to ease the lockdown restrictions from Adjusted Alert Level 3 to Alert Level 1.
The latest amendment to the Disaster Management Act was gazetted by the Minister of Cooperative Governance and Traditional Affairs (Cogta), Dr Dlamini-Zuma, and the amended regulations were officially announced by the President of the Republic, Cyril Ramaphosa, on 28 February 2021, and are effective from that day.
The notable amendments on the latest regulations are as follows:
Notification by district municipalities and compliance officers
Despite the decline in the number of infections, the President has cautioned the public that the easing of restrictions should not be viewed as a reason to abandon precautions and let our guards down. Under the latest regulations, district municipalities must alert the local communities of increasing numbers of infections and publish on their websites and in the local media areas with high infection rates.
In workplaces, there must be a designated COVID-19 compliance officer who must oversee the implementation of measures developed to ensure that the workplace meets health protocols standards for employees and social distancing measures for the public and service providers.
Curfew (movement of persons)
Movement of persons is now prohibited between 00H00 and 04H00 daily. An exception is made for persons who have been granted permission through directions issued by the relevant Cabinet member or a permit which correspond with Form 7 of Annexure A, to perform a service not related to any activity prohibited under the regulations; persons attending to a security or medical emergency; and/or persons travelling to or from the airport during restricted hours of movement – provided they are in possession of a valid proof (boarding pass or copy of airline ticket).
The closing times for the following establishments, whether indoors or outdoors, is 23H00:
- cinemas
- theatres
- casinos
- museum, galleries and archives
- public swimming pools
- beaches and public parks
- game parks, botanical gardens, aquariums and zoos
- gyms and fitness centres
- restaurants
- venues hosting auctions
- venues hosting professional sport
- venues hosting faith-based, religious, social, political and cultural gatherings
Public Spaces Protocols
The President, has further cautioned the public about the imminent threat of a third wave and urged the public to be responsible. The wearing of masks is still mandatory for every person when in a public space.
Attendance of funerals
The attendance of funerals is limited to 100 persons or less. In smaller venues that are unable to accommodate a capacity of 100 persons, only 50 percent of the venue may be used. This is subject to health protocols and social distancing measures being adhered to.
Night vigils and after-funeral gatherings are still not allowed, and the duration of a funeral is restricted to two hours.
Gatherings
Gatherings are now allowed subject to strict health protocols and social distancing measures being adhered to.
Faith-based, religious, social, political, and cultural gatherings are permitted subject to limitation of 100 persons or less for indoor venues and 250 persons for outdoor venues. In smaller venues that are unable to accommodate the prescribed number of persons, only 50 percent of the capacity of the venue may be used.
Workplace gatherings, for purposes of work, are also allowed subject to strict health protocols and social distancing measures being adhered to.
Hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses are permitted to use full capacity of the available rooms for accommodation.
Gatherings in conferencing, dining and entertainment facilities are permitted subject to a limitation of 100 persons or less for indoors venues and 250 persons for outdoors venues. In smaller venues that are unable to accommodate the prescribed number of persons, only 50 percent of the capacity of the venue may be used.
Gatherings in every business premises, including but not limited to supermarkets, shops, grocery stores, produce markets and pharmacies, are limited to 50 percent of the floor space, which includes customers and employees.
Gatherings for sport activities, both professional and unprofessional, by recognised sport bodies is allowed subject to curfew time and directions for sport matches issued by the Cabinet member responsible for Sport after consultation with the Cabinet member responsible for health. Spectators are still not allowed.
Partial opening of borders
Travelling to and from the Republic is allowed subject to health protocols being strictly adhered to. The land borders which are full operational will remain as such and the land borders which were closed will also remain closed.
International air travel is restricted to the following airports: OR Tambo International Airport; King Shaka Airport; Cape Town International Airport; Lanseria International Airport; and Kruger Mpumalanga international Airport. Long-haul flight departures and landings at these airports is permitted during curfew hours.
International travellers arriving at the airports must provide a negative COVID-19 test certificate which must be obtained not more than 72 hours before the date of travel. Failure to provide such certificate will result in a traveller being required to do an antigen test at their own cost and, if they test positive, they will be required to quarantine at their own cost, for a period of 10 days.
Public transport
The Minister of Transport will issue directions for resumption of different modes of transport which will set out health protocols that must be adhered to cater for people returning to work.
Bus and taxi services may not carry more than 70 percent of the licensed capacity for long distance trips (200 km or more), however, they may carry 100 percent of the licensed capacity for short distance travel (200 km or less).
Sale, dispensing and transportation of liquor
The sale of liquor by a licensed premises for off-site consumption, is permitted during licensed trading hours, subject to laws governing such licence. The sale of liquor by a licensed premises for on-site consumption is also permitted subject to curfew hours. The consumption of alcohol in public places, other than licensed on-site premises, is not permitted.
The transportation of liquor is permitted.
Operation of economic sector
All businesses may operate except for those listed in Table 4. For persons employed in private residences, health protocols and social distancing measures must be adhered to.
Relevant health protocols and social distancing measures must be adhered to, in addition to occupational health and safety directions issued by a Cabinet member responsible for employment and labour.
Firms must adhere to sector-specific health protocols intended to limit the spread in the sector concerned.
TABLE 4
All person who are able to work from home must do so. In terms of the amended regulations, all persons who can work from home must do so. All persons will, however, be permitted to perform any type of work outside the home, and to travel to and from work subject to:
- strict compliance with health protocols and social distancing measures
- the return to work being phased-in in order to place measures to make the workplace COVID-19 ready
- the work not being listed under the specific economic exclusions table
The specific exclusions table includes:
- night vigils
- after funeral gatherings including “after-tears” gatherings
- night clubs
- the land borders that remain closed, excluding the land borders contemplated in regulations 78(1)
- passenger ships for international leisure purposes, excluding small crafts, in line with health and border law enforcement
- attendance of any sporting event by spectators
- exclusions relating to public transport services as set out in the directions issued by the Cabinet members responsible for transport
- exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
