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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

4. Refusal of medical examination, prophylaxis, treatment, isolation and quarantine

 

(1) No person who has been confirmed, as a clinical case or as a laboratory confirmed case as having contracted COVID-19, or who is suspected of having contracted COVID-19, or who has been in contact with a person who is a carrier of COVID-19, may refuse to consent to—
(a) submission of that person to a medical examination, including but not limited to the taking of any bodily sample by a person authorised in law to do so;
(b) admission of that person to a health establishment or a quarantine or isolation site; or
(c) submission of that person to mandatory prophylaxis, treatment, isolation or quarantine, or isolation in order to prevent transmission:

Provided that if a person does not comply with the instruction or order of the enforcement officer, that person must be placed in isolation or quarantine for a period of 48 hours, as the case may be, pending a warrant being issued by a competent Court, on application by an enforcement officer for the medical examination contemplated in paragraph (a).

[Regulation 4(1) substituted by section 5 of Notice No. R. 398, GG43148, dated 25 March 2020]

 

(2) A warrant contemplated in subregulation (1) may be issued by a magistrate, if it appears from information on oath or affirmation by an enforcement officer—
(a) that a person is confirmed as having been infected with COVID-19;
(b) who is on reasonable grounds suspected of having contracted COVID-19, or who has been in contact with, or on reasonable grounds suspected to have been in contact with a person who is a carrier or infected with COVID–19.

 

(3) The warrant may impose restrictions on the powers of the enforcement officer as the magistrate may deem fit.

 

(4) A warrant issued in terms of this regulation remains in force until—
(a) it is executed;
(b) it is cancelled by the person who issued it or, if such person is not available, by any person with like authority;
(c) the expiry of ninety days from the date of its issue; or
(d) the purpose for the issuing of the warrant has lapsed,

whichever occurs first.

 

(5) 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 this regulation.