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 of this is that many regulations are defined around the “lockdown” and will therefore – apparently inadvertently – become obsolete and of no force and effect as from 30 April 2020.

Here is the core of the regulation – which will inevitably affect everyone – is as follows:

CHAPTER 3

Alert Level 4

Determination of Alert Level

15. (1) The Cabinet member responsible for cooperative governance and traditional affairs, in terms of regulation 3(2), declares, upon the recommendation of the Cabinet member responsible for health, and in consultation with Cabinet, that Alert Level 4 will be applicable from 1 May 2020 in the Republic of South Africa and will remain in force up to the declaration of different Alert Levels for the duration of the national state of disaster.

(2) The regulations set out in this Chapter apply during Alert Level 4.

Movement of persons

16. (1) Every person is confined to his or her place of residence.

(2) A person may only leave their place of residence to-

(a) perform an essential or permitted service, as allowed in Alert Level 4;

(b) go to work where a permit which corresponds with Form 2 of Annexure A, has been issued;

(c) buy permitted goods;

(d) obtain services that are allowed to operate as set out in Table 1 to the Regulations:

(e) move children, as allowed;

(f) walk, run or cycle between the hours of 06H00 to 09H00, within a five kilometre radius of their place of residence: Provided that this is not done in organised groups.

(3) Every person is confined to his or her place of residence from 20H00 until 05H00 daily, except where a person has been granted a permit to perform an essential or permitted service as listed in Annexure D, or is attending to a security or medical emergency.

(4) Movement between provinces, metropolitan areas and districts are prohibited except-

(a) for workers who have a permit to perform an essential or permitted service who have to commute to and from work on a daily basis:

(b) the attendance of a funeral, as allowed;

(c) the transportation of mortal remains; and

(d) for learners who have to commute to and from school or higher education institutions on a daily basis during periods when those institutions are permitted to operate.

(5) Any person who was not at their place of residence, or work before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown, will be permitted, on a once-off basis, to return to their places of residence or work and will be required to stay in such place until the end of Alert Level 4.

(6) All industries, businesses, entities, both private and in the public sector, which are permitted to operate during Alert Level 4, must-

(a) designate a COVID -19 compliance officer who will oversee the:

(i) implementation of the plan referred to in subregulation (b): and

(ii) adherence to the standards of hygiene and health protocols relating to COVID -19 at the workplace;

(b) develop a plan for the phased in return of their employees to the workplace, prior to reopening the workplace for business, which plan must correspond with Annexure E and be retained for inspection and contain the following information:

(i) which employees are permitted to work;

(ii) what the plans for the phased -in return of their employees to the workplace are; (iii) what health protocols are in place to protect employees from COVID-19; and (iv) the details of the COVID -19 compliance officer: (c) phase in the return of their employees to work to manage the return of employees from other provinces, metropolitan and district areas: and

(d) develop measures to ensure that the workplace meets the standards of health protocols, adequate space for employees and social distancing measures for the public and service providers, as required.

(5) (sic) The Cabinet member responsible for home affairs, or a person designated by him or her, may allow a person to enter or exit the Republic for emergency medical attention for a life- threatening condition, or for a South African, or foreign national to be repatriated to their country of nationality or permanent residence.

(6) (sic) All foreign tourists who arrived in the Republic prior to the lockdown period, which ended on 30 April 2020, and who remained in the Republic, must remain in their place of temporary residence in the Republic for the duration of Alert Level 4, as the case may be, and may be subject to screening for COVID -19 and be quarantined or isolated as required: Provided that the evacuation of foreign tourists where arrangements, including an arrangement for the evacuation by air charter, has been made by the relevant embassy, may be allowed: Provided further that a tourist is escorted to the point of exit where he or she may be screened again.

Reg 480 of 29 April 2020

James Grant

30 April 2020

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