Disaster Management Act, 2002 (Act No. 57 of 2002)

Regulations

Regulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (COVID-19)

Chapter 2 : General Provisions Applicable during National State of Disaster

5. General measures to contain the spread of COVID-19

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(1) The wearing of—
(a) a cloth face mask;
(b) a homemade item; or
(c) another appropriate item,

that covers the nose and mouth, is mandatory for every person when in a public place.

[Regulation 5(1) substituted by section 3(a) of Notice No. 763, GG43521, dated 12 July 2020]

 

(2) No person will be allowed to—
(a) use, operate, perform any service on any form of public transport;
(b) enter or be in a building, place or premises, including government buildings, places or premises, used by the public to obtain goods or services; or
(c) be in any public open space,

if he or she is not wearing a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth. ";

[Regulation 5(2) substituted by section 3(b) of Notice No. 763, GG43521, dated 12 July 2020]

 

(2A) The prohibition in subregulation (2)(c) shall not apply to a person who undertakes vigorous exercise in a public place, provided that the person maintains a distance of at least three metres from any other person, and subject to directions on what is considered to be vigorous, issued by the Cabinet member responsible for health.

[Regulation 5(2A) inserted by section 3(c) of Notice No. 763, GG43521, dated 12 July 2020]

 

(3)

(a) An employer must provide every employee with a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth, when in the workplace.
(b) An employer may not allow any employee to perform any duties or enter the employment premises if the employee is not wearing a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth while performing his or her duties.
(c) The principal of a school, or owner or manager of an early childhood development centre must take all reasonable steps to ensure the relevant authority supplies the school or early childhood development centre with sufficient cloth face masks, homemade items, or other appropriate items that covers the nose and mouth to provide to a learner of that school or early childhood development centre who does not have a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth.
(d) Directions on the use of a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth, in early childhood development centres, shall be issued by the Cabinet member responsible for social development after consultation with the Cabinet members responsible for cooperative governance and traditional affairs and health.
(e) Should a learner arrive at school or early childhood development centre without a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth—
(i)the learner may be provided with an appropriate item that covers the nose and mouth, if possible; or
(ii)if the school or early childhood development centre cannot provide such learner with an appropriate item that covers the nose and mouth, such learner must be isolated and his or her parent, guardian or care -giver must be contacted to, without delay—
(aa)bring, for the learner, a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth to the school or early childhood development centre; or
(bb)arrange for safe transport for the learner back home.

[Regulation 5(3) substituted by section 3(d) of Notice No. 763, GG43521, dated 12 July 2020]

 

(4) Every business premises, including, but not limited to a supermarket, shop, grocery store. retail store. wholesale produce market or pharmacy shall—
(a)determine their area of floor space in square metres;
(b) based on the information contemplated in paragraph (a), determine the number of customers and employees that may be inside the premises at any time with adequate space available;
(c) take steps to ensure that persons queuing inside or outside the premises are able to maintain a distance of one and a half metres from each other;
(d) provide hand sanitisers for use by the public and employees at the entrance to the premises; and
(e) assign, in writing, an employee or any other suitable person. as the compliance employee, who must ensure—
(i) compliance with the measures provided for in paragraphs (a) to (d); and
(ii) that all directions in respect of hygienic conditions and limitation of exposure to persons with COVID-19 are adhered to.

 

(5) All employers must. adopt measures to promote physical distancing of employees, including—
(a) enabling employees to work from home or minimising the need for employees to be physically present at the workplace:
(b) the provision for adequate space;
(c) restrictions on face to face meetings:
(d) special measures for employees with known or disclosed health issues or comorbidities, with any condition which or may place such employees at a higher risk of complications or death if they are infected with COVID-19;
(e) special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.

 

(6) The requirements as set out in subregulation (4) applies with the necessary changes, to any other building that is not provided for by subregulation (4).

 

(7) All courier and delivery services shall provide for minimized personal contact during delivery.