/****** Collapsing Nested Menu Items | Code by Elegant Themes ******/

MEMORANDUM – ADJUSTED ALERT LEVEL 2 REGULATIONS

  1. Following the President’s speech on 31 May 2021 and subsequent gazetting of the Adjusted Alert Level 2 Regulations (“the Regulations”), Beech Veltman Incorporated has prepared a short memorandum outlining the important changes contained in the Regulations.

REGULATION 49B

  1. In terms of Regulation 49B(1)(A), all industries, businesses and entities, both in the private and public sector, are required to designate a compliance officer to implement and oversee a workplace plan which contains measures to ensure the workplace meets the standards of health protocols for Covid-19.

 

  1. A copy of the workplace plan should be retained for inspection, with the details of the Covid-19 Compliance

 

REGULATION 49C

  1. Regulation 49C includes “mandatory protocols when in a public place”.

 

  1. Under Regulation 49C(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. The failure to comply with a verbal instruction by an enforcement officer constitutes an offence which, on conviction, may result in a six-month period of imprisonment and/or a fine.

 

  1. A ‘face mask’ means a cloth face mask or homemade item that covers the nose and mouth or another appropriate item to cover the nose and mouth.

 

  1. In terms of Regulation 49C(3), individuals are prohibited from using public transport, public buildings and services or be in any public open space without a face mask, provided that they are not undertaking vigorous exercise.

 

  1. Employers, under Regulation 49C(5), may not allow any employee to perform any duty or enter the employment premises if he or she is not wearing a face mask.

 

  1. Businesses are required to determine the number of customers and/or employees inside the premises in order to ensure that there is no more than 50 percent of the floor space, which includes customers and employees, and subject to strict adherence to all health protocols and social distancing measures.

 

  1. In terms of Regulation 49C(e), every business is additionally required to assign, in writing, an employee or any other suitable person, as the compliance employee, who must ensure compliance that all directions in respect of hygienic conditions and limitation of exposure to persons with Covid-19 are adhered to.

 

  1. Businesses who fail to limit the number of customers and employees are liable to a fine or imprisonment.

 

  1. Under Regulation 49C(8), employers are mandated to adopt measures to promote physical distancing of employees.

 

REGULATION 50

 

  1. Every person is confined to his or her place of residence between 23H00 and 04H00 unless they are in possession of a permit, which corresponds with Form 7 of Annexure A of the Regulations, or if they are attending a security or medical emergency, or if they are travelling to and from an airport.

 

  1. Failure to adhere to the hours, as outlined above, constitutes an offence and, on conviction, the individual may be liable to a fine or period of imprisonment not exceeding six months or to both such fine and imprisonment.

REGULATION 52

  1. Attendance at funerals remains limited to 100 persons or less, observing social distancing protocols and health protocols.

 

  1. Night vigils and after-funeral gatherings, remain prohibited.

 

  1. During a funeral, individuals must wear a face mask and adhere to all health protocols and social distancing measures.

REGULATION 53

  1. All faith-based, religious, social, political and cultural gatherings are permitted but remain limited to 100 persons or less for indoor venues and 250 persons or less for outdoor venues, subject to strict adherence to all health protocols, social distancing measures and the curfew provided for in Regulation 50.

 

  1. Gatherings at a workplace for work purposes are allowed, subject to strict adherence to all health protocols and social distancing measures.

 

 

REGULATION 54

  1. A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order, having regard to the considerations contained in Regulation 54(2)(a)-(i), authorising the eviction or demolition.

REGULATION 56

  1. Under Regulation 56, night clubs remain closed to the public, whilst the minister retains the discretion to make any order that a premises may be closed if there is a risk of any members of the public being exposed to Covid-19 at such place or premises.

REGULATION 59

  1. In terms of Regulation 59, travel to and from the Republic is allowed, subject to health protocols.

 

  1. The 20 operational land borders shall remain open, whilst the 33 land borders which were closed, will remain closed.

 

  1. All international travellers arriving at the airports must provide a valid COVID-19 negative test obtained not more than 72 hours before arrival.

 

  1. Failure to provide such a certificate will result in the traveller being required to do an antigen test on arrival and in the event that he or she tests positive for Covid-19, he or she will be required to isolate him or herself for a period of 10 days.

REGULATION 61

  1. For the purposes of the regulation, ‘long distance travel’ is a trip of 200km or more.

 

  1. Buses and tax services may not carry more than 70 percent of the licensed capacity for long distance travel, but may carry up to 100 percent capacity for any trip not regarded as long distance travel.

REGULATION 62

  1. The sale of liquor is permitted, subject to the laws governing such licenses.

 

  1. The consumption of liquor in public places is not permitted, except in licensed on-site consumption premises.

 

 

REGULATION 63

  1. The operation of the economic sector under Alert Level 1 is permitted, except for those set out in Table 4 of the Regulations.

 

  1. Businesses are required to adhere to sector specific regulations, in addition to the occupational health and safety directions issued by the responsible Cabinet members.

 

  1. Further directions from the relevant Cabinet members will be expected in the coming weeks to clarify any regulations contained in the Alert Level 2 Regulations.

FORM 7 – ANNEXURE A

  1. The Regulations contain an updated “travel permit”, which should be carried by all essential workers travelling between the hours of 23h00 and 04h00.