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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 2 : General Provisions Applicable during National State of Disaster

6. Refusal of treatment and isolation

[Regulation 6 heading substituted by section 2(a) of Notice No. R. 1715, GG45855, dated 1 February 2022]

 

(1) No person who is a confirmed laboratory positive COVID-19 case and is symptomatic, may refuse to be treated or to be admitted to a health establishment for treatment 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 at a health facility for a period not exceeding 48 hours, pending a warrant being issued by a competent Court, on application by an enforcement officer for the purposes of isolation or treatment.

 

(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 that a person is a confirmed laboratory positive COVID-19 case and is symptomatic.

 

(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(b) it is rescinded by a competent court; or
(c) the purpose for the issuing of the warrant has lapsed,

whichever occurs first.

 

[Regulation 6 substituted by section 4 of Notice No. R. 1715, GG45855, dated 1 February 2022]