We have included only the adjusted items (of the business section) in the Regulations, as mentioned by the President in his speech last night, for ease of reference.
The following is an extraction from the gazetted adjusted Alert Level 1 regulations (Gazette 44201 of 28 February 2021) .
Disaster Management Act: Regulations: Alert level 1 during Coronavirus COVID-19 lockdown
Coronavirus COVID-19 Alert level 1
Alert level 1
Most normal activity can resume, with precautions and health guidelines followed at all times. Population prepared for an increase in alert levels if necessary.
Adjusted Alert level 1 is in place from 1 March 2021.
Movement of persons
68. (1) Every person is confined to his or her place of residence from 00H00 until 04H00 daily, unless a person-
(a) has been granted permission through directions by the relevant Cabinet member or a permit, which corresponds with Form 7 of Annexure A, to perform a service other than a service related to an activity listed under Table 4; or
(b) is attending to a security or medical emergency; or
(c) arrives on a flight or is travelling to or from an airport which necessitates travelling during restricted hours of movement: Provided that the person traveling is in possession of a valid boarding pass as proof of flight or a copy of the airline ticket.
(2) Any person who fails to abide by the curfew referred to in sub-regulation (1) commits an offence and is. on conviction. liable to a fine or a period of imprisonment not exceeding six months, or to both such fine and imprisonment
(3) Closing time for the following establishments, whether indoors or outdoors, is 23H00:
(a) cinemas;
(b) theatres;
(c) casinos;
(d) museums, galleries and archives;
(e) public swimming pools;
(f) beaches and public parks;
(g) game parks, botanical gardens, aquariums and zoos;
(h) gyms and fitness centres;
(i) restaurants;
(j) venues hosting auctions;
(k) venues hosting professional sport; and
(l) venues hosting faith-based, religious, social, political and cultural gatherings.
Mandatory protocols when in a public place
70. (1) For the purposes of these Regulations. a ‘face mask’ means a cloth face mask or a homemade item that covers the nose and mouth, or another appropriate item to cover the nose and mouth.
(2) The wearing of a face mask is mandatory for every person when in a public place. excluding a child under the age of six years. and any person who fails to comply with a verbal instruction by an enforcement officer to wear a face mask, commits an offence and is, on conviction, liable to a fine or a period of imprisonment not exceeding six months, or to both such fine and imprisonment.
(3) No person will be allowed to-
(a) use, operate, perform any service on any form of public transport;
(b) enter or be in a building, place or premises. including government buildings, places or premises, used by the public to obtain goods or services; or
(c) be in any public open space, if he or she is not wearing a face mask.
(4) The prohibition in sub-regulation (3)(c) shall not apply to a person who undertakes vigorous exercise in a public place, provided that the person maintains a distance of at least one and a half metres from any other person.
(5) An employer may not allow any employee to perform any duties or enter the employment premises if the employee is not wearing a face mask while performing his or her duties.
(6) Every business premises, including, but not limited to, a supermarket, shop, grocery store, retail store, wholesale produce market or pharmacy shall –
(a) determine their area of floor space in square metres;
(b) based on the information contemplated in paragraph (a), determine the number of customers and employees that may be inside the premises in order to comply with the limitation as provided for in regulation 72(5)(c) of the Regulations and subject to strict adherence to all health protocols and social distancing measures;
(c) take steps to ensure that persons queuing inside or outside the premises are able to maintain a distance of one and a half metres from each other;
(d) provide hand sanitisers for use by the public and employees at the entrance to the premises; and
(e) assign, in writing, an employee or any other suitable person, as the compliance employee, who must ensure-
(i) compliance with the measures provided for in paragraphs (a) to (d); and
(ii) that all directions in respect of hygienic conditions and limitation of exposure to persons with COVID-19 are adhered to.
(7) Any business whose premises exceeds the maximum number of customers and employees determined in sub regulation (6) commits an offence and is, on conviction. liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.
(8) All employers must. adopt measures to promote physical distancing of employees, including-
(a) enabling employees to work from home or minimising the need for employees to be physically present at the workplace;
(b) the provision for adequate space;
(c) restrictions on face to face meetings;
(d) special measures for employees with known or disclosed health issues or comorbidities, or with any condition which may place such employees at a higher risk of complications or death if they are infected with COVID-19, and
(e) special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.
(9) The requirements as set out in sub-regulation (6) applies with the necessary changes, to any other building that is not provided for by sub-regulation (6).
(10) All courier and delivery services shall provide for minimal personal contact during delivery.
(11) All banks as defined in the Banks Act, 1990 (Act No. 94 of 1990) and financial institutions as defined in the Financial Sector Regulation
Act, 2017 (Act No. 9 of 2017), must-
a) ensure that all automated teller machines of that bank or financial institution, if any in the case of a financial institution, that is not a bank, have hand sanitisers for use by the public at each automated teller machine; and
(b) take steps to ensure that persons queuing at the automated teller machine maintain a distance of one and a half metres from each other.
Partial re-opening of borders
78. (1) The 20 land borders which are fully operational, will remain as such and the 33 land borders which were closed, will remain closed.
(2) Traveling to and from the Republic is allowed, subject to sub-regulation (3).
(3) Daily commuters from neighbouring countries who attend or teach at a school in the Republic, and who are allowed entry into and exit from the Republic, are subject to compliance with protocols relating to-
(a) screening for COVID -19 and quarantine or isolation, where necessary;
(b) the wearing of a face mask;
(c) transportation; and
(d) sanitisation and social distancing measures as per the relevant health protocols on safety and prevention of the spread of COVID-19.
(4) (a) International air travel is restricted to the following airports-
(i) OR Tambo International Airport:
(ii) King Shaka International Airport;
(iii) Cape Town International Airport:
(iv) Lanseria International Airport; and
(y) Kruger Mpumalanga International Airport.
(b) Long-haul flight departures and landings at the airports listed in paragraph (a) are permitted during the hours of curfew as provided for in regulation 68(1).
(c) All international travellers arriving at the airports listed in paragraph (a) must provide a valid certificate of a negative COVID-19 test, recognised by the World Health Organisation, which was obtained not more than 72 hours before the date of travel.
(d) In the event of the traveller’s failure to submit a certificate as proof of a negative COVID-19 test, the traveller will be required to do an antigen test on arrival at his or her own cost and in the event of a traveller testing positive for COVID-19, he or she will be required to isolate him or herself at his or her own cost, for a period of 10 days.
(5) All commercial seaports will remain open and small crafts will be allowed entry into seaports, in-line with all health and border law enforcement protocols.
Transportation of cargo
79. (1) Rail, ocean, air and road transport is permitted for the movement of cargo to and from other countries and within the Republic, subject to national legislation and any directions issued in terms of sub-regulation (2), for the transportation of goods for export and for import.
(2) The Cabinet member responsible for trade. industry and competition may, after consultation with the Cabinet members responsible for transport and finance, issue directions that provide for the management, administration and prioritisation of exports or imports, taking into account the need to prevent and limit the spread of COVID-19 and to deal with the destructive and other effects of the COVID-19 pandemic.
(3) The Cabinet member responsible for transport may, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs, trade, industry and competition, health, justice and correctional services, finance and public enterprises, issue directions relating to health
Public transport
80. (1) For purposes of this regulation “long distance travel” is a trip of 200 km or more.
(2) The Cabinet member responsible for transport must, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs, health, police, trade, industry and competition, and justice and correctional services, issue directions for the resumption of different modes of public transport to cater for the gradual return to work of people, in respect of-
(a) domestic air travel;
(b) rail, bus services, taxi services;
(c) e-hailing services; and
(d) private vehicles.
(3) Bus and taxi services –
(a) may not carry more than 70% of the licensed capacity for long distance travel; and
(b) may carry 100% of the licensed capacity for any trip not regarded as long distance travel in terms of sub-regulation (1).
(4) A driver, owner or operator of public transport may not allow any member of the public who is not wearing a face mask, to board or be conveyed in a public transport owned or operated by him or her.
(5) The directions to be issued by the Cabinet member responsible for transport must set out the health protocols that must be adhered to and the steps to be followed for the limitation of the exposure of members of the public using public transport to COVID-19.
Sale, dispensing and transportation of liquor
81. (1) The sale of liquor –
(a) by a licensed premises for off-site consumption, is permitted during licenced trading hours, subject to the laws governing such licences; and
(b) by a licensed premises for on-site consumption is permitted, subject to strict adherence to the curfew contemplated in regulation 68(3).
(2) The transportation of liquor is permitted.
(3) The consumption of liquor in public places, except in licensed on-site consumption premises, is not permitted.
(4) The sale and consumption of liquor in contravention of sub-regulation (1)(b) and (3), is an offence.
Operation of economic sector
82. (1) Businesses may operate except for those set out in Table 4.
(2) Relevant health protocols and social distancing measures for persons employed in private residences must be adhered to.
(3) Relevant health protocols and social distancing measures set out in directions must be adhered to, in addition to the occupational health and safety directions issued by the Cabinet member responsible for employment and labour, and applicable labour legislation.
(4) (a) Firms must adhere to any sector-specific health protocols intended to limit the spread of COVID-19 in the sector concerned.
(b) Sector-specific health protocols may address matters such as work rotation, staggered working hours, shift systems, remote working arrangements, special measures affecting persons with greater vulnerabilities or similar measures, in order to achieve social distancing, protect employees or limit congestion in public transport and at the workplace.
(c) Sector-specific health protocols where these are still to be developed, must be developed and issued by Cabinet members responsible for a sector in consultation with the Cabinet member responsible for health.
Offences and penalties
83. (1) For the duration of the national state of disaster, any person who hinders, interferes with. or obstructs an enforcement officer in the exercise of his or her powers, or the performance of his or her duties in terms of these Regulations, is guilty of an offence and, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.
(2) For the purposes of this Chapter, any person who fails to comply with or contravenes a provision of regulations 68(1) and (3), 70(2), (3) and (7); 80(3)(a), 81(1)(b) and 81(3) of these Regulations commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.
Table 4: Alert level 1
All persons who are able to work from home must do so. However. persons will be permitted to perform any type of work outside the home. and to travel to and from work and for work purposes under Alert Level 1, subject to-
(a) strict compliance with health protocols and social distancing measures.
(b) the return to work being phased -in in order to put in place measures to make the workplace COVID-19 ready;
(c) the return to work being done in a manner that avoids and reduces risks of infection; and
(d) the work not being listed under the specific economic exclusions in this Table.
SPECIFIC EXCLUSIONS
1. Night vigils
2. After-funeral gatherings including “after-tears” gatherings..
3. Night clubs.
4. The land borders that remain closed, excluding the land borders contemplated in regulation 78(1).
5. Passenger ships for international leisure purposes, excluding small crafts, in line with health and border law enforcement.
6. Attendance of any sporting event by spectators.
7. Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport.
8. Exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education.
Alert level 1 was in place from 00h01 on 21 September 2020 to 24h00 on 28 December 2020.
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