Alert Level 3 regulations

02 June 2020 238
 The regulations that will be applicable during Alert Level 3 under the Disaster Management Act, 2002 has been published on 28 May 2020. Alert Level 3 will apply nationally from 01 June 2020. COVID-19 hotspots have been identified for which additional measures and restrictions may still be published. The current identified hotspots are: Tshwane; Johannesburg; Ekurhuleni; Ethekwini; Nelson Mandela Bay; Buffalo City; Cape Town; West Coast district, Overberg and Cape Winelands district municipality; Chris Hani district in the Eastern Cape; iLembe district in KwaZulu -Natal. Take note of the following important provisions under Alert Level 3: 
 
- MASKS: 
Everyone still has to wear a cloth face mask, or other item that covers the nose and mouth, when in a public place, using public transport, and when entering a building. 
 
- OPERATION OF BUSINESSES: 
All businesses are allowed to operate except those specifically excluded in Table 2. The specific economic exclusions under Table 2 currently include businesses for the consumption of food and beverages at or in a place of sale; on -site consumption of liquor; short term home -sharing /letting /leasing /rental for leisure purposes; domestic passenger air travel for leisure purposes; passenger ships for leisure purposes; conferences and events, including sporting events, except as provided for in Chapter 4 of the regulations; personal care services, including hairdressing,beauty treatments, make -up and nails salons and piercing and tattoo parlours and tourist attractions, casinos and entertainment activities. 2 All businesses with more than 100 employees must, where possible, make provision for minimising the number of employees at the workplace at any given time. Relevant health protocols and social distancing measures for persons employed in private residences must be adhered to. All businesses must develop a plan for the phased-in return of their employees to the workplace, prior to reopening the workplace for business. Such plan must correspond to Annexure E of the regulations, must contain prescribed information and be retained for inspection. Special protection measures should be implemented for employees over the age of 60 years. All employers must designate a COVID-19 compliance officer to oversee the implementation of the plan and adherence to the standards of hygiene and health protocols relating to COVID -19 at the workplace. 
 
- MOVEMENT OF PERSONS: 
Any person may now leave his or her place of residence to-
(a) Perform any service, as permitted;
(b) Travel to and from work;
(c) Buy goods or obtain services, except for the goods or services which are excluded;
(d) Move children, as allowed;
(e) Exercise between the hours of 06h00 to 18h00: Provided that the exercise is not done in organised groups and adheres to health protocols and social distancing measures; 
(f) Attend a place of worship in the same or another metropolitan area or district within the same province; and
(g) Attend a school or learning institution, once these are opened. 
 
- TRAVEL ACROSS PROVINCIAL BORDERS:
Travelling between provinces, metropolitan areas; districts and hotspots is prohibited, except for –
(a) Persons doing so in the course of carrying out work responsibilities or performing any service permitted under Alert Level 3, provided that such person is in possession of a permit issued by the employer which corresponds with Form 2 of Annexure A;
(b) Persons travelling for purposes of moving to a new place of residence; or caring for an immediate family member provided that such person is in possession of an affidavit which corresponds with Form 6 of Annexure A;
(c) Members of Parliament performing oversight responsibilities;
(d) Learners or students who have to commute to and from those schools or institutions of higher learning during periods when those schools or institutions are permitted to operate, with the required permit;
(e) Attend a funeral as permitted with the required permit;
(f) The transportation of mortal remains as permitted; and
(g) Obtaining medical treatment. 
 
- MOVEMENT OF CHILDREN:
 Children may still only be moved between parents within the same metropolitan area or district if the parents have a court order or a registered parental plan or a permit issued by a Magistrate. If such children should be moved across different 4 metropolitan areas, districts or provinces, a permit issued by a Magistrate is required. Any learner or student who needs to travel between provinces to attend a school or institution of higher learning must be issued with a certificate by the head of the school or institution of higher learning, which corresponds with Form 3A of Annexure A of the regulation. The regulations currently provide that any person transporting a learner or student must be issued with a permit, corresponding with Form 3B of Annexure A, by the head of the school or institution of higher learning, allowing him or her to transport learners or students to and from the school or institution. Therefore any parent transporting their child to school will be required to be in possession of such a permit. This would however appear to be a mistake in the published regulations as Form 3B of Annexure A is identified and only makes provision for authorisation to transport learners or students to or from a school or institute of higher learning between a different Province, Metropolitan Area or District. It is therefore submitted that a parent transporting a child to school within the same District, should not be required to have such a prescribed permit. - SHOPS: The sale of all products are now permitted, except those products specifically excluded or limited. The sale of alcohol is permitted from Monday to Thursday, between 09h00 and 17h00. The consumption of liquor at the place of sale is prohibited and the sale of liquor is prohibited on Fridays, Saturdays, Sundays and on public holidays. The sale of all tobacco, tobacco products, e- cigarettes and related products is still prohibited. 
 
- FUNERALS: 
Attendance at a funeral is allowed. If a person wishing to attend a funeral intends to travel between provinces, metropolitan areas or districts, such a person may only be a spouse, partner, parent or child of the deceased; child-in-law of the deceased; grandparent or sibling of the deceased and must obtain a permit from court or a police station. Attendance at a funeral is limited to a total of 50 people and all health protocols and social distancing measures must be adhered to, in order to limit exposure of persons at the funeral to COVID -19.
 
 - EVICTIONS:
A person may not be evicted from his or her land or home during the period of Alert Level 3. A court may grant an eviction order but the order may be suspended until the last day of Alert Level 3 unless a court determines that it would not be just and equitable to suspend the eviction. It should be noted that the prohibition against evictions does not apply to commercial premises. 
 
- PUBLIC PLACES CLOSED: 
All public places where cultural, sporting, entertainment, recreational, exhibitional, organisational or similar activities take place are closed. Therefore places like gyms and fitness centres; sports grounds and fields and swimming pools, except for training of professional athletes and professional non -contact sports matches as allowed; night clubs; casinos; bars, hotels, lodges, bed and breakfasts, resorts; conference facilities; theaters; cinemas; museums; beaches and public parks will be closed. 6 Members of the public may not visit correctional centres; remand detention facilities; police holding cells; military detention facilities; health establishments and facilities, except to receive treatment or medication in accordance with health protocols; and older persons' residential facilities. The relevant Minister may however publish directions to the extent and manner in which these places may be visited in future. Church attendance in the same or another metropolitan area or district within the same province is permitted. This is however limited to 50 persons or less, depending on the size of the place of worship and all health protocols and social distancing measures should be adhered to as provided for in directions to be issued. An agricultural auction, subject to directions issued by the relevant Minister, may be held. A professional non-contact sports match, which may only include players, match officials, journalists and medical and television crew, as per directions issued by the relevant Minister, may also take place.
Tags: COVID -19
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