Disaster Management Act, 2002 (Act No. 57 of 2002)RegulationsRegulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (COVID-19)Chapter 2 : General Provisions Applicable during National State of Disaster6. Refusal of treatment and isolation |
[Regulation 6 heading substituted by section 2(a) of Notice No. R. 1715, GG45855, dated 1 February 2022]
| (1) | No person who is a confirmed laboratory positive COVID-19 case and is symptomatic, may refuse to be treated or to be admitted to a health establishment for treatment 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 at a health facility for a period not exceeding 48 hours, pending a warrant being issued by a competent Court, on application by an enforcement officer for the purposes of isolation or treatment. |
| (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 that a person is a confirmed laboratory positive COVID-19 case and is symptomatic. |
| (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— |
| (a) | it is executed; |
| (b) | it is rescinded by a competent court; or |
| (c) | the purpose for the issuing of the warrant has lapsed, |
whichever occurs first.
[Regulation 6 substituted by section 4 of Notice No. R. 1715, GG45855, dated 1 February 2022]