This is the version of this Government Notice as it was from 29 April 2020 to 31 May 2020. Read the version currently in force.
Disaster Management Act, 2002
Disaster Management Act: Regulations relating to COVID-19
Government Notice R480 of 2020
- Published in Government Gazette no. 43258 on 29 April 2020
- Assented to on 29 April 2020
- Commenced on 29 April 2020
- [Up to date as at 31 July 2020]
Definitions and application
1. DefinitionsIn these Regulations, unless the context otherwise indicates—"adequate space" means not more than one person per one and a half metres of floor space;"Alert Level" means the determination made under subregulation 3(2);"clinical case" means a patient that presents with clinical signs and symptoms of COVID-19;"Constitution" means the Constitution of the Republic of South Africa, 1996;"COVID-19" means the Novel Coronavirus (2019-nCov2) which is an infectious disease caused by a virus that has previously not been scientifically identified in humans, which emerged during and was declared a global pandemic by the WHO in 2020;"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);"directions" means the directions contemplated in section 27(2) of the Act, issued by a Cabinet member relating to his or her line functions, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs and justice and correctional services;"donor" means an individual, corporation or organisation that is a contributor of cash, kind and/or other assets;"enforcement officer" includes a member of the South African Police Service, the South African National Defence Force, metro police, traffic officers, immigration inspectors; and a peace officer as defined in section 1 of the Criminal Procedure Act;"essential goods for import" means the goods listed in Annexure B;"essential services" means the services listed in Annexure D;"gathering" means any assembly, concourse or procession in or on—(a)any public road, as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996); or(b)any other building, place or premises, including wholly or partly in the open air, and including, but not limited to, any premises or place used for any sporting, entertainment, funeral, recreational, religious, or cultural purposes; but excludes a workplace and a place of residence for those persons ordinarily residing at the residence;"health protocols" means the COVID-19 health protocols determined by the Director General of Health;"head of an institution" means the accounting officer of a public institution and the chief executive officer or the equivalent of a chief executive officer of a private institution;"institution" means any public or private institution, including a sole practitioner and any other business owned and operated by a single person, that is engaged in the supply or distribution of a good or service as set out in the Table 1, or which regulates such supply or distribution, including professional regulatory bodies designated in directions made in terms of regulation 4 of the Regulations;"institutions of higher learning" means "higher education college" and "higher education institution" as defined in section 1 of the Higher Education Act, 1997 (Act No. 101 of 1997);"isolation" means separating a sick individual with a contagious disease from healthy individuals that are not infected with such disease in a manner that aims to prevent the spreading of infection or contamination;"laboratory confirmed case" means a patient who has been diagnosed with COVID-19 by means of a laboratory diagnostic method approved by the Department of Health;"liquor" means—(a)any liquor product, as defined in section 1 of the Liquor Products Act, 1989 (Act No. 60 of 1989);(b)beer or traditional African beer; or(c)any other substance or drink declared to be liquor under the Liquor Act, 2003 (Act No. 59 of 2003), but does not include methylated spirits;"lockdown" means the period between 23H59 on 26 March 2020, until 23H59 on 30 April 2020;"movement" means entering or leaving a place of residence or, in the case of people not ordinarily resident in the Republic, their place of temporary residence while in the Republic;"national state of disaster" means the national state of disaster declared by Government Notice No. R. 313 of 15 March 2020;"permitted goods" means Part E in the Table 1;"permitted goods for export" means the goods listed in Annexure C;"permitted services" means the services permitted in Table 1;"quarantine" means the restriction of activities or separation of a person, who was or may potentially have been exposed, to COVID-19 and who could potentially spread the disease to other non-exposed persons, to prevent the possible spread of infection or contamination to healthy individuals;"school" means a school as defined in section 1 of the South African Schools Act, 1984 (Act No. 84 of 1996);"the Act" means the Disaster Management Act, 2002 (Act No. 57 of 2002); and"WHO" means the World Health Organisation.
2. Repeal and transitional provisions
3. Application of Regulations
General provisions applicable during national state of disaster
4. Authority to issue directions
5. General measures to contain the spread of COVID-19
6. Refusal of medical examination, prophylaxis, treatment, isolation and quarantine
7. Isolation or quarantine of persons
8. Contact tracing
9. Release of resources
10. Shelters and sites identified by the State during national state of disaster
11. Emergency procurement proceduresEmergency procurement for institutions is subject to—(a)the Public Finance Management Act, 1999 (Act No. 1 of 1999), and the applicable emergency provisions in the Regulations or Instructions made under section 76 of that Act; and(b)the Municipal Finance Management Act, 2003 (Act No. 56 of 2003), and the applicable emergency provisions in the Regulations made under that Act.
12. Powers and indemnityThese Regulations do not limit any powers or indemnities of security services provided for in any law.
13. Resolution of disputes
14. Offences and penalties
Alert Level 4
15. Determination of Alert Level
16. Movement of persons
17. Movement of children
18. Attendance of funerals
19. Prohibition on evictionsA competent court may grant an order for the eviction of any person from land or a home in terms of the provisions of the Extension of Security of Tenure Act 62 of 1997 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998: Provided that any order of eviction shall be stayed and suspended until the last day Alert Level 4, unless a court decides that it is not just and equitable to stay and suspend the order until the last day of the Alert Level 4 period.
20. Public transport
21. Closure of bordersAll borders of the Republic remain closed during the period of Alert Level 4, except for ports of entry designated by the Cabinet member responsible for home affairs and for the transportation of fuel, cargo and goods during the period of Alert Level 4.
22. Transportation of cargo
24. Places and premises closed to the public
25. Controlled visits by members of the publicAll visits by members of thepublic to—(a)Correctional Centres;(b)Remand Detention Facilities;(c)Police Holding Cells;(d)Military Detention Facilities;(e)Health establishments and facilities, except to receive treatment or medication in accordance with health protocols; and(f)Facilities controlled or managed by the Department of Social Development, including Child and Youth Care Centres, shelters, One Stop Centres, and Treatment Centres,will be allowed to the extent and in the manner as directed by the Cabinet member responsible for cooperative governance and traditional affairs after consultation with the Cabinet members responsible for health, police and justice and correctional services.
26. Sale, dispensing or transportation of liquor
27. Tobacco products, e-cigarettes and related productsThe sale of tobacco, tobacco products, e-cigarettes and related products is prohibited.
28. Operation of economic sectors
29. Energy and petroleum products supplyTo ensure the continuous supply of energy and petroleum products to society as referred to in Table 1—(a)collieries that supply Eskom may continue to operate at full capacity; and(b)refineries and other facilities providing energy and fuel may operate at full capacity to avoid shortage of fuel and energy, and such operations may include fuel storage, smelters, plants and furnaces.
30. Mining operations
31. Offences and penalties
- Entire Government Notice
- Chapter I – Definitions and application
Chapter 2 – General provisions applicable during national state of disaster
- 4. Authority to issue directions
- 5. General measures to contain the spread of COVID-19
- 6. Refusal of medical examination, prophylaxis, treatment, isolation and quarantine
- 7. Isolation or quarantine of persons
- 8. Contact tracing
- 9. Release of resources
- 10. Shelters and sites identified by the State during national state of disaster
- 11. Emergency procurement procedures
- 12. Powers and indemnity
- 13. Resolution of disputes
- 14. Offences and penalties
Chapter 3 – Alert Level 4
- 15. Determination of Alert Level
- 16. Movement of persons
- 17. Movement of children
- 18. Attendance of funerals
- 19. Prohibition on evictions
- 20. Public transport
- 21. Closure of borders
- 22. Transportation of cargo
- 23. Gatherings
- 24. Places and premises closed to the public
- 25. Controlled visits by members of the public
- 26. Sale, dispensing or transportation of liquor
- 27. Tobacco products, e-cigarettes and related products
- 28. Operation of economic sectors
- 29. Energy and petroleum products supply
- 30. Mining operations
- 31. Offences and penalties
History of this Government Notice
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