| (1) | No person who has been confirmed, as a clinical case or as a laboratory confirmed case as having contracted COVID-19, or who is suspected of having contracted COVID-19, or who has been in contact with a person who is a carrier of COVID-19, may refuse to consent to— |
| (a) | submission of that person to a medical examination, including but not limited to the taking of any bodily sample by a person authorised in law to do so; |
| (b) | admission of that person to a health establishment or a quarantine or isolation site; or |
| (c) | submission of that person to mandatory prophylaxis, treatment, isolation or quarantine, or isolation in order to prevent transmission: |
Provided that if a person does not comply with the instruction or order of the enforcement officer, that person must be placed in isolation or quarantine for a period of 48 hours, as the case may be, pending a warrant being issued by a competent Court, on application by an enforcement officer for the medical examination contemplated in paragraph (a).
[Regulation 4(1) substituted by section 5 of Notice No. R. 398, GG43148, dated 25 March 2020]
| (2) | A warrant contemplated in subregulation (1) may be issued by a magistrate, if it appears from information on oath or affirmation by an enforcement officer— |
| (a) | that a person is confirmed as having been infected with COVID-19; |
| (b) | who is on reasonable grounds suspected of having contracted COVID-19, or who has been in contact with, or on reasonable grounds suspected to have been in contact with a person who is a carrier or infected with COVID–19. |
| (3) | The warrant may impose restrictions on the powers of the enforcement officer as the magistrate may deem fit. |
| (4) | A warrant issued in terms of this regulation remains in force until— |
| (b) | it is cancelled by the person who issued it or, if such person is not available, by any person with like authority; |
| (c) | the expiry of ninety days from the date of its issue; or |
| (d) | the purpose for the issuing of the warrant has lapsed, |
whichever occurs first.
| (5) | No person is entitled to compensation for any loss or damage arising out of any bona fide action or omission by an enforcement officer under this regulation. |
