Archive for the ‘COVID19’ Category

It is necessary to note that the legal position relating to arrest is unaffected by COVID-19 regulations. The Disaster Management Act does not suspend or restrict any right in the Constitution – all of which has been given expression to under the Criminal Procedure Act (51 of 1977 – the “CPA”) as interpreted by our Courts. This could be different if a state of emergency was or is declared (see section 37 of the Constitution). But no state of emergency has been declared – so that ordinary rights and laws regarding arrests prevail.

Government has published the regulations governing conduct under level 4. Notably, the period of the “lockdown” remains what it was – as amended: 26 March – 30 April: ‘lockdown’ means the period between 23H59 on 26 March 2020, until 23H59 on 30 April 2020, Definitions section – Reg 480 of 29 April 2020 The significance […]