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Following the President’s speech on 25 July 2021 and subsequent gazetting of the Adjusted Alert Level 3 Regulations (“the Regulations”), Beech Veltman Incorporated has prepared a short note on some of the important changes in the recent adjusted, amended Regulations.

MANDATORY PROTOCOLS WHEN IN A PUBLIC PLACE – Regulation 34

Certain mandatory protocols remain in place, including:

    • the wearing of a face mask covering nose and mouth continues to be mandatory for every person when in a public place (including public transport), excluding a child under the age of six years or individuals participating in vigorous exercise.
    • 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.
    • Employers may not allow any employee to perform any duty or enter the employment premises if he or she is not wearing a face mask.
    • The owner or operator of any indoor or outdoor facility where gatherings are held must display the certificate of occupancy which sets out the maximum number of persons the facility may hold. Failure to display a certificate of occupancy is an offence, liable to a fine and/or imprisonment not exceeding six months.
    • 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.
    • Every business is 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.
    • Businesses who fail to limit the number of customers and employees are liable to a fine or imprisonment.
    • Employers are mandated to adopt measures to promote physical distancing of employees, which include special measures for employees above the age of 60 and employees with known or disclosed health issues or comorbidities, who are at a higher risk of complications or death if infected with COVID-19.

MOVEMENT OF PERSONS – Regulation 33

Every person remains confined to his or her place of residence between 22H00 and 04H00, daily, unless they are in possession of the required Form 7 permit or if they are attending a security or medical emergency, or if they are travelling to and from an airport (where the individual must be in possession of his or her flight ticket).

Failure to adhere to the curfew hours 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.

Interprovincial travel is now permitted.

 

SCHOOLS – Regulation 33A

Schools and institutions for higher learning are allowed to operate, subject to further direction from the Minister of Education.

FUNERALS – Regulation 35

Attendance at funerals and cremations remain limited to 50 persons or less, subject to social distancing measures.

If the venue is too small to hold the prescribed number of persons, observing social distancing measures, then not more than 50% of the capacity of the venue may be used, subject to health protocols.

Funerals and/or cremation services may not be longer than 2 hours.

After-funerals gatherings and night vigils remain prohibited.

GATHERINGS – Regulation 36

Gatherings are permitted, subject to health protocols and social distancing measures.

All faith-based, religious, social, political and cultural gatherings are permitted, subject to a limitation of 50 persons or less for indoor venues and 100 persons or less for outdoor venues. If the venue is too small to hold the prescribed number of persons, then not more than 50 percent of the capacity of the venue is to be used.

Gatherings at gyms, fitness centres and swimming pools remain subject to a limitation of 50 persons or less, or not more than 50 percent capacity if the venue is too small to hold the prescribed number of persons.

Gatherings at hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses are allowed to operate at full capacity, with patrons observing social distancing measures.

Conferencing, exhibitions, restaurants, bars, shebeens and taverns may operate subject to 50 persons or less for indoor venues and 100 persons or less for outdoor venues, or not more than 50 percent capacity if the venue is too small to hold the prescribed number of persons.

Night clubs remain closed to the public.

EVICTIONS AND RENTALS – Regulation 37 & 38

A person may not be evicted from his or her land or have his or her place demolished for the extent of the national disaster, without a competent court order.

Landlords are required to give reasonable notice to tenants, as well as reasonably and in good faith to make necessary arrangements regarding alternative payment arrangements for the duration of the national state of disaster.

SALE AND DISPENSING OF LIQUOR – Regulation 44

The sale, dispensing, transportation and distribution of liquor is permitted for off-site consumption between 10h00 and 18h00 on Mondays – Thursdays.

The sale and consumption of alcohol on licensed premises is permitted until 20h00 daily.

OPERATION OF THE ECONOMIC SECTOR – Regulation 45

All businesses, but for night clubs, are allowed to operate, subject to relevant health protocols and social distancing measures.

Firms must adhere to sector-specific health protocols intended to limit the spread of COVID-19 in the sector concerned.

COMPLIANCE OFFICERS – Regulation 46

Businesses, in both the private and public sector, must assign and designate a COVID-19 compliance officer who is to oversee and implement a plan containing measures to ensure the workplace meets specific standards of health protocols and social distancing measures for employees and customers.