(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, pension or seeking emergency, life-saving, or chronic medical attention; |
| (ii) |
every gathering, as defined in regulation 1 is hereby prohibited, except for a funeral as provided for in subregulation (8); and |
| (iii) |
movement between provinces and between metropolitan and district areas is prohibited except— |
| (aa) |
for essential workers who have to travel to and from work; |
| (bbB) |
transportation of cargo from ports of entry to their intended destination; and |
| (bbC) |
cargo currently at ports of entry. for export of goods to decongest the ports of entry; |
[Regulation 11B(1)(a)(iii)(bb) substituted by section 8 of Notice No. R. 465, GG43232, dated 16 April 2020]
| (cc) |
for the transportation of the mortal remains; and |
| (dd) |
attendance of a funeral as provided for and on the conditions set out in subregulation (8). |
[Regulation 11B(1)(a) substituted by section 3 of Notice No. R. 446, GG43199, dated 2 April 2020]
| (b) |
During the lockdown, all businesses and other entities shall cease operations, except for any business or entity involved in the manufacturing, supply, or provision of an essential good or service, save where operations are provided from outside of the Republic or can be provided remotely by a person from their normal place of residence; |
[Regulation 11B(1)(b) substituted by section 3 of Notice No. R. 419, GG43168, dated 26 March 2020]
| (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. |
| (d) |
Retail stores selling essential goods is prohibited from selling any other goods. |
| (e) |
The Cabinet member designated under section 3 of the Act may amend the list contemplated in paragraph (c) as required from time to time. |
| (f) |
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. |
| (g) |
Stores selling hardware products and vehicle components must maintain a register of persons buying essential goods listed in Part A of Annexure B, and must keep a record of a signed declaration, which corresponds substantially with Form 4 of Annexure C by the buyer of goods attesting that the goods are essential goods as defined in the Regulations. |
[Regulation 11B(g) inserted by section 8 of Notice No. R. 465, GG43232, dated 16 April 2020]
| (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 designted 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. |
(4A)
| (a) |
All workplaces or premises must have care and maintenance that is essential to the prevention of the destruction or significant impairment of working areas, plant, machinery or inventory, or to permit orderly shutdown arrangements, on such conditions as may be issued by means of directions by the Cabinet members responsible for trade, industry and for employment and labour. |
| (b) |
The Cabinet members responsible for health and social services and trade, industry and competition may, by directions, designate services which are necessary to provide or maintain essential health and social services and international trade or industrial activities listed in Annexure B to the Regulations. |
[Subregulation (4A)(b) substituted by section 8 of Notice No. R. 465, GG43232, dated 16 April 2020]
[Subregulation (4A)(b) substituted by section 3 of Notice No. R. 446, GG43199, dated 2 April 2020]
| (c) |
The Cabinet member responsible for finance may by direction designate services, excluding debt collection services, in relation to the financial system, as defined in section 1(1) of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), generally, which are necessary to— |
| (i) |
provide or maintain essential financial services listed in paragraph 3.1 of Part B of Annexure B; and |
| (ii) |
provide social grants by banks, mutual banks, co-operative banks and the Postbank in terms of paragraph 3.2 of Part B of Annexure B. |
| (d) |
The Prudential Authority, the Financial Sector Authority and the Reserve Bank may exercise their functions in terms of the Financial Sector Regulation Act, 2017, the financial sector laws as defined in section 1(1) of that Act, and the National Payment System Act, 1998 (Act No. 78 of 1998) in the regulation, supervision and oversight of essential financial services as referred to in paragraph 3.1 and 3.2 of Part B of Annexure B and services in respect of which directions are issued in terms of paragraph (c). |
| (e) |
The Prudential Authority, the Financial Sector Conduct Authority and the Reserve Bank— |
| (i) |
must issue directives to institutions under their respective jurisdictions to take appropriate precautionary measures when performing essential financial services in terms of these Regulations to limit staff at offices to the minimum and to take other precautionary measures to limit the spread of COVID-19. |
| (ii) |
may issue guidance and other directives in relation to the performance of essential financial services in terms of these Regulations. |
[Subregulation (4A)(c), (d) and (e) inserted by section 3 of Notice No. R. 446, GG43199, dated 2 April 2020]
| (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) |
During the lockdown period, the transportation of the wines and any other fresh produce products at the sea ports and International Airports Designated as Port of Entry for export is allowed. |
[Subregulation 6(a) substituted by Notice No. 453, GG43211, dated 7 April 2020]
| (b) |
The Cabinet member responsible for home affairs, or a person designated by him or her, may allow a person to enter or exit the Republic for emergency medical attention for a life-threatening condition, or for a South African, or foreign national to be repatriated to their country of nationality or permanent residence. |
| (c) |
Agricultural Cargo is allowed to be transported to sea ports and International Airports Designated as Ports of Entry and exported to the relevant destination. |
[Subregulation 6(c) substituted by Notice No. 453, GG43211, dated 7 April 2020]
| (d) |
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: Provided that the evacuation of foreign tourists where arrangements, including an arrangement for the evacuation by air charter, has been made by the relevant embassy, may be allowed: Provided further that a tourist is escorted to the point of exit where he or she may be screened again. |
[Subregulation (6) substituted by section 3 of Notice No. R. 446, GG43199, dated 2 April 2020]
| (7) |
Any Cabinet member may, after consultation with Ministers of Cooperative Governance and Traditional Affairs and Justice and Correctional Services, issue directions which fall within his or her line functions to provide for further conditions that will apply to activities referred to in subregulation (1), or other activities provided for in these Regulations, for the protection and safety of any person, including essential workers from COVID-19, provide reasonable measures for persons with disabilities and may vary the directions as the circumstances require. |
[Subregulation (7) substituted by section 3 of Notice No. R. 446, GG43199, dated 2 April 2020]
(8)
| (a) |
Movement between a metropolitan or district area, or province by a person wishing to attend a funeral shall only be permitted if the person so wishing to attend the funeral is a— |
| (i) |
spouse or partner of the deceased; |
| (ii) |
child of the deceased, whether biological, adopted or stepchild; |
| (iii) |
child-in-law of the deceased; |
| (iv) |
parent of the deceased whether biological, adopted or stepparent; |
| (v) |
sibling, whether biological, adopted or stepbrother or sister of the deceased; |
| (vi) |
grandparent of the deceased; and |
| (vii) |
person closely affiliated to the deceased. |
| (b) |
For purposes of this subregulation, closely affiliated means: |
| (i) |
a person with parental responsibilities and rights in respect of the deceased; or |
| (ii) |
a person who had developed a significant relationship based on caregiving, psychological or emotional attachment to the deceased. |
| (c) |
Notwithstanding paragraph (a), attendance at a funeral or cremation 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 hygiene measures are strictly adhered to. |
| (d) |
Each person, whether traveling alone or not, wishing to attend a funeral or cremation and who has to travel between metropolitan and district areas, or between provinces to attend a funeral, or a cremation must obtain a permit which corresponds substantially with Form 2 of Annexure C, from his or her nearest magistrate's office or police station to travel to the funeral or cremation and back. |
| (e) |
A Magistrate who is the head of office or a station commander of a police station or a person designated by him or her, may issue the permit contemplated in paragraph (d). |
| (f) |
Upon a request for a permit contemplated in paragraph (d), a person requesting a permit must produce a death certificate or a certified copy of the death certificate to the Magistrate who is the head of office or a station commander of a police station or a person designated by him or her: Provided that where a death certificate is not yet available the person requesting the permit must make a sworn affidavit which corresponds substantially with Form 3 of Annexure C. |
| (g) |
Before a permit contemplated in paragraph (d) may be issued the Magistrate who is the head of office or a station commander of a police station or a person designated by him or her, must be provided with a death certificate, a certified copy of a death certificate or a sworn affidavit contemplated in paragraph (f). |
| (h) |
[Subregulation 8(h) deleted by section 8 of Notice No. R. 465, GG43232, dated 16 April 2020] |
| (i) |
Only 2 family members or a person with a close affiliation to the deceased may, with the required permits, accompany the vehicle transporting the mortal remains to the metropolitan or district area, or province where the burial or cremation will take place. |
| (j) |
The provisions of regulation 11C(1) must be strictly adhered to when travelling. |
| (k) |
A copy of the permit issued and the death certificate or sworn affidavit made, must be kept by the Magistrate who is the head of office or station commander of a police station in a file opened for each person for a period of three months after the lockdown has lapsed, whereafter it may be destroyed. |
[Subregulation (8) substituted by section 3 of Notice No. R. 446, GG43199, dated 2 April 2020]
(9)
| (a) |
Movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children's Act, 2005 (Act No. 38 of 2005), during the lockdown period, is prohibited, except where arrangements are in place for a child to move from one parent to another, in terms of— |
| (ii) |
where a parental responsibilities and rights agreement or parenting plan, registered with the family advocate, is in existence, or |
| (iii) |
the co-holder of parental responsibilities and rights is in possession of a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co- holders of parental responsibilities and rights: |
Provided that in the household to which the child has to move, there is no person who is known to have come into contact, or is reasonably suspected to have come into contact with any other person known to have contracted, or is reasonably suspected to have contracted COVID-19 in the household which the child has to move to.
| (b) |
The parent or caregiver transporting the child concerned must have in his or her possession, the court order or the parental responsibilities and rights agreement or parenting plan or the birth certificate of the child or children, as required. |
[Subregulations (9) inserted by section 8 of Notice No. R. 465, GG43232, dated 16 April 2020]
| (10) |
All forms must be completed in full, including full names, identification or passport numbers and full contact details as required in the form and failure to do so will result in the form being rejected as invalid. |
[Subregulations (10) inserted by section 8 of Notice No. R. 465, GG43232, dated 16 April 2020]
National Small Business Act, 1996 (Act 102 of 1996)
