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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 (COVID-19)

Chapter 3 : Adjusted Alert Level 4

21. Gatherings

 

(1) All gatherings are prohibited,except—
(a) for funerals;
(b) when at a workplace; or
(c) when buying or obtaining goods and services.

 

(1A) The provisions of regulation 21 will apply until 25 July 2021 after which the content of regulations 21 will be reviewed.

 

(2) All social gatherings, including faith-based gatherings are prohibited.

 

(3) Gatherings at political events and traditional council meetings are prohibited.

 

(4) Gatherings at a workplace for work purposes are allowed, subject to strict adherence to all health protocols and social distancing measures.

 

(4A) Gatherings at community engagements hosted by members of Parliament, members of Provincial Legislatures, councilors, leaders of political parties, religious leaders and traditional leaders to deal with emergency matters, that impact on the management, treatment and prevention of the Covid-19 pandemic, are permitted, subject to a limitation of 50 persons or less and if the relevant space is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the space may be used, subject to strict adherence to all health protocols and social distancing measures.

[Regulation 21(4A) substituted by section 2 of Notice No. R. 614, GG44850, dated 14 July 2021]

 

(5) Gatherings at cinemas and theatres are prohibited.

 

(6) Gatherings at casinos are prohibited.

 

(7) Gatherings at museums, galleries, archives and libraries are prohibited.

 

(8) Gatherings at gyms, fitness centres and swimming pools are permitted, subject to a limitation of 50 persons or less and if the relevant space is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the space may be used, subject to strict adherence to all health protocols and further subject to strict adherence to health protocols and social distancing measures, as provided for in directions issued by the relevant Cabinet member, made after consultation with the Cabinet member responsible for health.

 

(9) Gatherings at conferencing , exhibitions and entertainment facilities are prohibited.

 

(10) Gatherings at the following places are allowed, subject to the limitations set out below—
(a) hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses are allowed full capacity of the available rooms for accommodation, with patrons wearing face masks and observing a distance of at least one and a half metres from each other when in common spaces; and
(b) restaurants and other in-house dining facilities is limited to 50 persons or less and if the relevant space is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the space may be used, subject to strict adherence to all health protocols, the adherence to the restriction on the sale of alcohol and further subject to strict adherence to directions on the times of operation, health protocols and social distancing measures, as provided for in directions issued by the relevant Cabinet member, made after consultation with the Cabinet member responsible for health.

 

(11) An owner or manager of an establishment listed in subregulation 10(a) and (b) must ensure compliance with these Regulations.

 

(12) An owner or manager of an establishment listed in subregulation 10(a) and (b), who fails to comply with these Regulations, commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment.

 

(13) Gatherings at agricultural and game auctions are allowed, subject to strict adherence to all health protocols, social distancing measures and directions issued by the relevant Cabinet member, in consultation with the Cabinet member responsible for health.

 

(14) Sporting activities, including both professional and non-professional matches, by recognised sporting bodies are allowed, subject to strict adherence to the times of operation as provided for in regulation 17(1) and the following:
(a) Directions for sports matches issued by the Cabinet member responsible for  sport after consultation with the Cabinet member responsible for health;
(b) only journalists, radio, television crew, security personnel, emergency medical services, and the necessary employees employed by the owners of the venue of the sport match, are allowed at the venue of the sport match;
(c) only the required number of players, match officials, support staff and medical crew required for the sport match, are allowed at the venue of the sport match;
(d) no spectators are allowed at the venue of the sports match; and
(e) international sport events involving countries with a low or medium COVID-19 infection and transmission rate are allowed.

 

(15) An owner or operator of a sporting facility must, when sporting activities contemplated in sub-regulation (14) take place, ensure compliance with the prohibition on spectators contemplated in subregulation (14)(d).

 

(16) An owner or manager of a sporting facility who fails to comply with sub-regulation (15), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment.

 

(17) Any person who, as a spectator, attends a sporting facility when sporting activities contemplated in subregulation (14) take place, commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment.

 

(18) An enforcement officer must, where a gathering in contravention of the regulations takes place—
(a) order the persons at the gathering to disperse immediately; and
(b) if the persons refuse to disperse , take appropriate action, which may, subject to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), include the arrest and detention of any person at the gathering.

 

(19) A convener of a faith based, religious, social, political or cultural gathering who fails to comply with subregulation (2) and (3), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment.

 

(20) Any person who attends a faith based, religious, social, political or cultural gathering and who knows or ought reasonably to have known or suspected that it is prohibited, commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment.

 

[Regulation 21 substituted by section 3 of Notice No. 635, GG44872, dated 19 July 2021]