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ADJUSTED ALERT LEVEL 4 REGULATIONS

Following the President’s speech on 27 June 2021 and subsequent gazetting of the Adjusted Alert Level 4 Regulations (“the Regulations”), Beech Veltman Incorporated has prepared a short memorandum outlining the important changes contained in the Regulations.

REGULATION 15A

In terms of Regulation 15A, all district municipalities, after consultation with local municipalities, are required to alert communities within that district of increasing number of infections, through their websites and in the local media.

This information should be updated as and when it becomes available.

REGULATION 15B

Regulation 15B includes “mandatory protocols when in a public place”.

Under Regulation 15B(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.

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.

In terms of Regulation 15B(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.

Employers, under Regulation 15B(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.

Under Regulation 15B(6)(a), an 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.

In terms of Regulation 15B(7)(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.

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

Under Regulation 15B(9), 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.

REGULATION 16

In terms of Regulation 16, industries, businesses and entities, both in the private and public sector, must designate a COVID-19 Compliance Officer to oversee and implement the development and implementation of a plan to ensure the workplace meets the standards of health protocols, adequate space for employees and social distancing measures for the public and service providers, as required.

REGULATION 17

Every person is confined to his or her place of residence between 21H00 and 04H00, daily, 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 (where the individual must be in possession of his or her flight ticket).

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.

In terms of Regulation 17(4)(a), interprovincial travel for leisure to and from Gauteng is prohibited.

Regulation 17(4)(b) states that travel to and from Gauteng is permitted for:

– persons performing a service permitted under the Regulations, granted they are in possession of a Form 7;

– for the attendance of a funeral, granted the individual is in possession of a permit which corresponds to Form 4 (which is to be signed by a magistrate or police officer);

– for persons transiting through Gauteng;

– for the transportation of mortal remains; and

– for learners who have to commute to and from their educational institutions on a daily basis.

Under Regulation 17(4)(c), travelling for purposes of:

– Moving to a new place of residence;

– Caring for an immediate family member (granted the person is in possession of a Form 6);

– Oversight responsibilities by Members of Parliament;

– Obtaining medical treatment; and

– Returning to one’s place of residence from quarantine or isolation, is allowed.

Any person, in terms of Regulation 17(6), is allowed to travel once-off to return to Gauteng, if they were outside Gauteng when the Regulations were implemented.

REGULATION 18

Schools and institutions of higher learning will be closed for contact classes from 30 June 2021.

Further directions from the relevant Minister are expected to be released shortly.

REGULATION 20

Attendance at funerals and cremations are limited to 50 persons or less.

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.

REGULATION 21

All gatherings are prohibited, except for funerals, when at a workplace, or when buying goods and services.

Every business premises is subject to a limitation of 50 percent of the floor space, which includes customers and employees, and subject to strict adherence to all health protocols.

Gatherings are at beaches, parks and dams are prohibited.

All the following gatherings are prohibited until 11 July 2021:

– All social gatherings;

– Faith-based gatherings;

– Gatherings at cinemas and theatres;

– Gatherings at museums, galleries, archives and libraries;

– Gatherings at gyms and fitness centres; and

– Gatherings at conferencing, exhibitions and entertainment facilities.

Gatherings at hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses are allowed, subject to 50% of the capacity of available rooms for accommodation.

Dining facilities at these establishments are restricted to delivery and room service only.

Restaurants may operate for off-site consumption of food and alcoholic beverages.

REGULATION 22

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 22(2)(a)-(i), authorising the eviction or demolition.

REGULATION 24

In terms of Regulation 24, the following places are closed:

– Gyms and fitness centres;

– Flea markets;

– Fetes and bazaars;

– Night clubs;

– Casinos;

– Taverns and shebeens;

–  Restaurants, except for the sale of off-site consumption of food and non-alcoholic beverages;

– Conference centres;

– Theatres and cinemas;

– Museums, libraries, archives and galleries; and

 – Older persons’ residential facilities for visits.

REGULATION 26

The In terms of Regulation 26, travel to and from the Republic is allowed, subject to health protocols.

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

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

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 27

Rail, ocean, air and road transport is permitted for the movement of Cargo, subject to further direction from the responsible member of Cabinet.

REGULATION 28

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

Buses and taxi 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.

Bus and taxi services must follow the relevant health protocols issued by the relevant Cabinet Minister.

REGULATION 29

The sale, dispensing, transportation and distribution of liquor is prohibited.

Transportation of liquor for export purposes is permitted.

REGULATION 30

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

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

Further directions from the relevant Cabinet members will be expected in the coming weeks to clarify any regulations contained in the Adjusted Alert Level 4 Regulations.

FORM 4

Form 4 is to be used by individuals who wish to travel to and from Gauteng for the attendance at a funeral or cremation.

FORM 6

Form 6 is to be used by individuals who wish to travel out of Gauteng during Adjusted Alert Level 4 and who are not in possession of a Form 7 permit.

FORM 7

Form 7 is to be used by individuals who are travelling to perform a service during curfew hours and in and out of Gauteng for work responsibilities.