| (1) | Every person, when attending a gathering and in order to limit exposure to COVID-19 must— |
| (b) | adhere to all health protocols; |
| (c) | maintain a distance of at least one and a half metres from each other; |
| (d) | adhere to the curfew hours as provided for in regulation 33; and |
| (e) | adhere to any other health protocols and social distancing measures as provided for in directions issued by the relevant Cabinet member after consultation with the Cabinet member responsible for health. |
| (2) | 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. |
| (3) | An owner or operator of any indoor or outdoor facility where gatherings are held and who fails to display the certificate of occupancy as contemplated in subregulation (2), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (i) | faith-based or religious gatherings; |
| (ii) | social, political and cultural gatherings; and |
| (iii) | gatherings at community engagements, hosted by members of Parliament, members of Provincial Legislatures, councilors, leaders of political parties, religious leaders and traditional leaders to deal with emergency matters and that impact on the management, treatment and prevention of the Covid-19 pandemic, |
are permitted but limited to 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used, subject to strict adherence to all health protocols and social distancing measures.
| (5) | A convener of a faith based, religious, social, political or cultural gathering must ensure compliance with the limitation on the number of persons attending such a gathering contemplated in subregulation (4). |
| (6) | A convener of a faith based, religious, social, political or cultural gathering who fails to comply with subregulation (5), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (7) | Any person who attends a faith based, religious, social, political or cultural gathering and who knows or ought reasonably to have known or suspected that the number of persons exceeds the limitation provided for in subregulation (4), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (8) | Gatherings at a workplace for work purposes are allowed, subject to strict adherence to all health protocols and social distancing measures. |
| (a) | Hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses are allowed full capacity of the available rooms for accommodation, with patrons observing a distance of at least one and a half metres from each other when in common spaces. |
| (b) | Restaurants, bars, shebeens and taverns are subject to a limitation of a maximum of 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold 50 persons indoors or 100 persons outdoors observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used. |
| (c) | An owner or manager of a restaurant, bar, shebeen and tavern must endure compliance with the limitation on the number of persons attending such a restaurant, bar, shebeen and tavern contemplated in paragraph (b). |
| (d) | An owner or manager of a restaurant, bar, shebeen and tavern who fails to comply with paragraph (c), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (e) | Any person who attends a restaurant, bar, shebeen and tavern and who knows or ought reasonably to have known or suspected that the number of persons exceeds the limitation provided for in paragraph (b), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (f) | Conferencing, exhibitions, dining and entertainment facilities are subject to a limitation of a maximum of 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold 50 persons indoors or 100 persons outdoors observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used. |
| (g) | Any owner or operator of a conferencing, exhibition, dining and entertainment facility must ensure compliance with the limitation on the number of persons attending such a conferencing, exhibition, dining and entertainment facility contemplated in paragraph (f). |
| (h) | An owner or manager of a conferencing, exhibition, dining and entertainment facility who fails to comply with paragraph (g), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (i) | Any person who attends a conferencing, exhibition, dining and entertainment facility and who knows or ought reasonably to have known or suspected that the number of persons exceeds the limitation provided for in paragraph (f), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (10) | Sporting activities, including both professional and non-professional matches, by recognised sporting bodies are allowed, subject to strict adherence to the times of operation as provided for in regulation 33(3) and the following: |
| (a) | Directions for sports matches issued by the Cabinet member responsible for sport after consultation with the Cabinet member responsible for health; |
| (b) | only journalists, radio, television crew, security personnel, emergency medical services, and the necessary employees employed by the owners of the venue of the sport match, are allowed at the venue of the sport match; |
| (c) | only the required number of players, match officials, support staff and medical crew required for the sport match, are allowed at the venue of the sport match; |
| (d) | no spectators are allowed at the venue of the sports match; and |
| (e) | international sport events involving countries with a low or medium COVID-19 infection and transmission rate are allowed. |
| (11) | An owner or operator of a sporting facility or an organiser of a sporting event referred to in subregulation (10) must, when such sporting activities take place, ensure compliance with the prohibition on spectators contemplated in subregulation (10)(d). |
| (12) | An owner or manager of a sporting facility or an organiser of a sporting event referred to in subregulation (10) who fails to comply with subregulation (11), commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (13) | Any person who, as a spectator, attends a sporting facility must, when sporting activities contemplated in subregulation (10) take place, commits an offence and is, on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| (14) | An enforcement officer must, where a gathering in contravention of the regulations takes place— |
| (a) | order the persons at the gathering to disperse immediately; and |
| (b) | if the persons refuse to disperse, take appropriate action, which may, subject to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), include the arrest and detention of any person at the gathering. |
[Regulation 36 substituted by section 3 of Notice No. R. 651, GG44895, dated 25 July 2021]
