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Disaster Management Act, 2002 (Act No. 57 of 2002)

Regulations

Regulations Issued in terms of Section 27(2) of the Disaster Management Act, 2002

Chapter 1

10. Authority to issue directions

 

(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
(i) For the purposes of this directions, the following services are declared as critical jobs for essential services:
(a) Employees responsible for issuing permits for vehicles carrying an abnormal load.

[Subregulation 10(7)(a)(i)(a) inserted by Notice No. 453, GG43211, dated 7 April 2020]

(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.

 

(9) All directions issued in terms of these Regulations shall continue to apply unless, varied, amended or withdrawn by the Cabinet member responsible for such directions.

[Subregulation (9) inserted by section 6 of Notice No. R. 465, GG43232, dated 16 April 2020]