On 28 February 2021, the Minister of Co-operative Governance and Traditional Affairs issued Regulations in terms of section 27(2) of the Disaster Management Act, 57 of 2002 (“the Regulations”), in terms of which Alert Level 1 as adjusted, was applied nationally with effect from the date of publication in the Government Gazette.

Alert Level 1 was first introduced on 21 September 2020 and is the lowest tier of the five Covid-19 regulatory levels, representing a low infection spread with high health system readiness. Importantly, Alert Level 1 implemented in February 2021 differs from that implemented in September 2020.

We consider some of the important lockdown regulations under the adjusted Alert Level 1. Regulations below coloured orange indicate those regulations which differ from the previous Alert Level 1.

Curfew

• Every person is confined to their place of residence from 00h00 until 04h00 daily, unless a person:
• has been granted permission in directions issued by the relevant Cabinet member or has a permit to perform a listed service;
• is attending to a security or medical emergency; or
• arrives on a flight or is travelling to or from an airport which necessitates travelling during restricted hours of movement, provided that the person travelling is in possession of a valid boarding pass as proof of flight or a copy of the airline ticket.

Closing Time of Establishments

Closing time for the following establishments, whether indoors or outdoors, is 23h00:

• cinemas, theatres and casinos;
• museums, galleries and archives;
• public swimming pools, beaches and public parks;
• game parks, botanical gardens, aquariums and zoos;
• gyms, fitness centres and venues hosting professional sport;
• restaurants;
• venues hosting auctions; and
• venues hosting faith-based, religious, social, political and cultural gatherings.

Face Masks

• Face masks in public places
  • Wearing a face mask is mandatory for every person when in a public place, excluding children under the age of six years.
• Face masks while exercising
  • A person undertaking vigorous exercise in a public place is not required to wear a face mask, provided that the person maintains a distance of at least 1.5m from any other person.
• Face masks at work
  • 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.
• Failing to wear a face mask
  • Importantly, any person who fails to comply with a verbal instruction by an enforcement officer to wear a face mask commits an offence and, on conviction, is liable to a fine and/or a period of imprisonment.

Funerals

• Attendance at a funeral is restricted to 100 persons or less, provided that 50% or less of the venue capacity is used and attendees observe a distance of at least 1.5m from each other.
• Night vigils, after-funeral gatherings and “after-tears” gatherings are not permitted.
• A funeral service may not be longer than two hours.

Gatherings

• All faith-based, religious, social, political and cultural gatherings are permitted but limited to 100 persons for indoor venues and 250 persons for outdoor venues. The gatherings restrictions also apply to conferencing, dining and entertainment facilities.
• If the venue is too small to hold the prescribed number of persons observing a distance of at least 1.5m from each other, then 50% or less of the capacity of the venue may be used.

Sporting Activities (professional and non-professional matches)

Sporting activities are permitted, provided:

• such activities comply with the directions issued by the relevant Cabinet member.
• only journalists, radio and television crew, security personnel, emergency medical services and the necessary employees employed by the owners of the venue are permitted at the venue of the sport match.
• only the required number of players, match officials, support staff and medical crew are allowed at the venue of the sports match.
• no spectators are allowed at the venue of the sports match.
• international sports events involving countries with a low or medium Covid-19 infection and transmission rate are permitted.

Eviction and demolition of places of residence

• A person may not be evicted from their land or home or have their place of residence demolished for the duration of the national state of disaster unless a court grants a court order authorising an eviction or demolition of a place of residence. A court may suspend or stay any order for eviction or demolition until after the national state of disaster has lapsed, unless the court deems it not just and equitable to suspend or stay the order, having considered the factors listed in the Regulations.

Places & Premises closed to the public

• Night clubs are closed to the public.
• If there is a risk of any members of the public being exposed to Covid-19 at any place or premises, the relevant Cabinet member may determine that such place or premises be closed to the public

Initiation Practices

• Initiation practices are permitted, subject to the submission of a risk adjusted plan for the conducting of initiation practices to the relevant Cabinet members by the provincial executive responsible for traditional affairs.
• Post-initiation celebrations (“imigidi”) are permitted, subject to a limitation of 100 persons or less for indoor venues and 250 persons or less for outdoor venues. If the venue is too small to hold the prescribed number of persons observing a distance of at least 1.5m from each other, then 50% or less of the capacity of the venue may be used.

Controlled visits by members of the public

• All visits by members of the public to correctional centres, remand detention facilities, police holding cells, military detention facilities, health establishments and facilities (except to receive treatment or medication), and older persons' residential facilities are permitted to the extent and in the manner directed by the relevant Cabinet member.

Partial re-opening of borders

• The 20 land borders which are fully operational, will remain open and the 33 land borders which were closed, will remain closed.
• 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.

International Travel

• International air travel is restricted to the following airports:
  • OR Tambo International Airport
  • King Shaka International Airport
  • Cape Town International Airport
  • Lanseria International Airport
  • Kruger Mpumalanga International Airport
• Long-haul flight departures and landings at the airports listed above are permitted during the hours of curfew.
• All international travellers arriving at the airports listed above must provide a valid certificate of a negative Covid-19 test, recognised by the World Health Organisation, obtained not more than 72 hours before the date of travel.
• If a traveller fails 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 their own cost and in the event of a traveller testing positive for Covid-19, they will be required to isolate themself at their own cost for a period of 10 days.

Transportation of Cargo

• Rail, ocean, air and road transport is permitted for the movement of cargo to and from other countries and within the Republic for the transportation of goods for export and for import, subject to national legislation and any directions issued.
• The Cabinet member responsible for trade, industry and competition may issue directions providing for the management, administration and prioritisation of exports or imports.

Public Transport

• Buses and taxis may not carry more than 70% of the licensed capacity for long distance travel (200kms or more), and may carry 100% of the licensed capacity for any trip not regarded as long distance travel (less than 200kms).
• Any member of the public not wearing a face mask will be barred from boarding or being conveyed in public transport by the driver, owner or operator of such public transport.

Sale, dispensing and transportation of liquor

• The sale of liquor at any licensed premises for off-site consumption is permitted during licensed trading hours.
• The sale of liquor at any licensed premises for on-site consumption is permitted subject to strict adherence to the curfew. The consumption of liquor in public places, except in licensed on-site consumption premises, is not permitted.
• Liquor sold in contravention of the above amounts to an offence in terms of the Regulations.

Operation of the economic sector

Businesses and other gatherings may operate and be held except for:

• Night clubs
• Night vigils
• After-funeral gatherings including “after tears” gatherings
• The land borders that remain closed
• Passenger ships for international leisure purposes, excluding small crafts, in line with health and border law enforcement
• Attendance of any sporting event by spectators
• Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport
• Exclusions relating to education services as set out in the directions issued by the Cabinet member responsible for education

Offences and Penalties

• 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 and/or to imprisonment for a period not exceeding six months.

Although the COVID-19 vaccination rollout is now gaining steady momentum, it is still important for these regulations to be adhered to, to keep infection rates as low as possible. It remains to be seen how long the country will remain under Alert Level 1, having regard to the imminent third wave that is expected in the coming months.

Compiled by Thethe Mokele, Partner; Catherine Stark, Associate; Roxanne Scott, Associate; Fasken