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COVID-19 SAIPA Updates

Lockdown Regulations

25 March 2020

Lockdown Regulations
  • The lockdown will come into force and effect from 23h59 on Thursday 26 March 2020 until 23h59 on Thursday 16 April 2020.
  • During the lockdown the following restrictions will be in effect:
  • Restriction of Movement
    • Every person is confined to their place of residence except for purposes of performing an essential service, obtaining an essential good or service, collecting a social grant, or seeking emergency, life-saving, or chronic medical attention.
    • All gatherings are prohibited. For purposes of the lockdown, a “gathering” is defined as any assembly, concourse, or procession in or on:
      1. Any public or national road as defined in the National Road Traffic Act 93 of 1996; or
      2. Any other building, place or premises, including wholly or partly in the open air and including but not limited to any premises or place used for sporting, entertainment, funeral, recreational, religious, or cultural purposes.
    • Movement between provinces, metropolitan and district areas is prohibited.
    • All businesses and other entities shall cease operations during the lockdown, save however for any business or entity involved in the manufacturing, supply, or provision of essential good or service, or operations that are provided for outside of the country or can be provided remotely by a person from their normal place of residence.
    • An “essential good” is defined as follows:
      1. Food which includes any food product, animal food, chemicals, packaging and ancillary products used in the production food but excluding alcoholic beverages;
      2. Cleaning and hygiene products including toilet paper, sanitary pads, tampons, condoms, hand sanitiser, disinfectants, soap, products for the care of babies and toddlers, personal toiletries including haircare, body and face wash, roll-ons, deodorants, and toothpaste, alcohol for industrial use, household cleaning products, personal protective equipment, and chemicals, packaging and ancillary products used in the production of any of the above;
      3. Medical goods including medical and hospital supplies, equipment and personal protective equipment, and chemicals, packaging and ancillary products used in the production of the above;
      4. Fuel including gas and coal; and
      5. Basic goods including airtime and electricity.
    • “essential services” are confined to the following:
      1. Medical, health, laboratory services and the National Institute for Communicable Diseases;
      2. Disaster management, fire prevention firefighting and emergency services;
      3. Financial services necessary to maintain the banking and payment environments including the JSC and insurance services;
      4. The production and sale of essential goods;
      5. Grocery stores including spaza shops;
      6. Electricity, water, gas and fuel production, supply and maintenance;
      7. Critical jobs for essential government services;
      8. Birth and death certificate and replacement identity 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, broadcast and telecommunication infrastructure services;
      14. The production and sale of 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 these services;
      17. Essential SARS services as defined by the Commissioner of SARS;
      18. Police, peace officers, traffic officers, military medical personnel and soldiers, corrections services officials and traffic management services;
      19. Postal services and courier services related to the 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 the transportation of patients;
      26. Services rendered by the Executive, members of Parliament, members of Provincial Legislatures, 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, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, and the Public Protector and Deputy Public Protector;
      28. Transport and logistics in respect of essential goods to neighbouring countries;
      29. Tow trucks and recovery vehicle services,
      30. Call centres necessary to provide health, safety, social support, government and financial services;
      31. Harvesting and storage activities essential to prevet the wastage of primary agricultural goods;
      32.  Implementation pf payroll systems to the extent that such arrangement has not been made for the lockdown, to ensure timeous payments to workers; and
      33. Critical maintenance services which cannot be delayed for more than 21 days and are essential to resume operations after the lockdown.
    • 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.
    • Retail shops and malls must stay closed except where essential goods are sold on condition however that the person in control of said store put in place the appropriate controls to ensures customers are kept at least one square metre apart and that all directions of hygienic conditions and persons exposed to COVID-19 are adhered to.
    • Retails stores selling essential goods are prohibited from selling any other goods.
    • The heads of institutions are required to determine the essential services to be performed by that institution as well determine the essential staff necessary to perform such essential services.
    • All persons performing essential services, obtaining essential goods, or seeking medical attention may be subject to screening for COVID-19 by an enforcement officer.
    • All borders are closed during the lockdown except for the transportation of fuel and essential goods.
    • The Minister of Home Affairs or a designated person may allow a person who requires emergency medical attention for a life-threatening condition access into the country.
    • All foreign tourists who arrive in the country prior to and after the lockdown and remain in the country must remain in their place of temporary residence in the country for the duration of the lock down.
    • Attendance at funerals is limited to 50 people provided that no night vigil shall be held and all safety measures are strictly adhered to.
    • The following places are closed to the public except to those persons rendering security and maintenance services to those places:
      1. Any place or premises normally open to the public where religious, cultural, sporting, entertainment, recreational, exhibition, organisation or similar activities take place;
      2. Any place or premises normally open to the public where goods other essential goods are produced, acquired, disposed of, or sold;
      3. Public parks, beaches and swimming pools;
      4. Flea markets;
      5. Open air food markets;
      6. Fêtes and bazaars;
      7. Night clubs;
      8. Casinos;
      9. Hotels, lodges, guest houses, holiday resorts and private and public game reserves, except those housing tourists;
      10. On-consumption premises including taverns, shebeens, shisanyama where liquor is sold;
      11. Off-consumption premises and off-consumption areas in supermarkets where liquor is sold;
      12. Theatres and cinemas;
      13. Shopping malls and centres;
      14. Tax ranks, bus depots, train stations and airports; and
      15. Any other place or premises determined by the Minister and published in the Government Gazette.
  • Prohibition on Public Transport
    • All commuter transport services including passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport is prohibited except those necessary for purposes of rendering essential services, obtaining essential goods, seeking medical attention, attending funerals, and receiving social granted and on condition that the vehicle in question carries no more than 50% of its licensed capacity, and the directions in respect of hygiene and limitation of exposure of persons to COVID-19 are adhered to.
    •  Where persons rendering essential services are unable to travel to or from work, the employer must make the necessary travel arrangements.
    • The Minister of Transport must issue directions for the transportation of persons who must obtain essential goods and where such person has no other means of transport except public transport.
  • Loss of Damage
    • 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 the regulations applicable to the lockdown.
  • Offences and Penalties
    • Any person who contravenes these regulations shall be guilty of an offence and liable for the payment of a fine, imprisonment for a period not exceeding six months, or both a fine and imprisonment.