On Monday 14 December 2020, President Cyril Ramaphosa addressed the nation on the increasing number of confirmed coronavirus cases in South Africa. President Ramaphosa announced that the anticipated ‘second wave’ of Covid-19 infections was being led by the Eastern Cape, Western Cape, KwaZulu-Natal and Gauteng. Noting that for the first time in South Africa most of the new infections were among young people between the ages of 15 and 19 years old, President Ramaphosa declared that the existing restrictions would need to be supplemented and/or amended.
To give effect to these restrictions, the Minister of Co-operative Governance and Traditional Affairs issued Regulations in terms of section 27(2) of the Disaster Management Act, 57 of 2002 (“the Regulations”).
The amendment of the Regulations came into effect on Tuesday 15 December 2020.
We consider the status of restrictions previously implemented, highlight some of the restrictions which have changed and discuss some new restrictions which will be in force for the upcoming festive season.
Status of Prior Restrictions
Many of the restrictions previously implemented by the government to encourage social distancing and adherence to health protocols have been retained, including:
- Masks must still be worn by all persons in public places, including public transport. A person undertaking vigorous exercise in a public place and adhering to social distancing of at least 1.5 meters is exempt from wearing a mask. What constitutes vigorous exercise has not yet been defined.
- Employers must adopt measures to promote physical distancing of employees.
- Attendance at funerals is restricted to 100 persons or less, provided that 50% or less of the venue capacity is used and attendees observe a distance of least 1.5 meters from each other. Night vigils and “after-tears” gatherings are prohibited.
- All persons at gatherings must wear a face mask, adhere to all health protocols and maintain a distance of at least 1.5 meters from each other. Owners or operators of facilities must display a certificate setting out the maximum number of persons permitted in the facility. Notably, the maximum number of persons at a gathering has decreased, and this is explained in more detail below.
Movement of Persons
The curfew has shifted one hour earlier at night – persons are confined to their place of residence from 23h00 to 04h00 daily (except in hotspots), unless they have been granted permission to perform a service that has not been specifically excluded or are attending to a security or medical emergency. Establishments such as restaurants, bars, shebeens, cinemas, theatres, casinos, gyms and places of worship, whether indoors or outdoors, must be closed by 22h00.
Gatherings
The maximum number of persons permitted at a gathering has decreased, depending on the type of gathering. Important changes include:
- Gatherings at places of worship, social events, political events, Traditional Council meetings, conferences, meetings, concerts, live performances, cinemas, theatres, sports grounds, sports fields, gyms, fitness centres, swimming pools, restaurants, bars, taverns, shebeens and auctions
Attendance is limited to 100 persons or less for indoor gatherings and 250 persons or less for outdoor gatherings. However, no more than 50% of the capacity of the venue may be used if the venue is too small to hold 100 persons observing a distance of at least 1.5 meters from one another.
- Gatherings at casinos, museums, galleries, libraries and archives
Attendance is limited to 100 persons or less. However, no more than 50% of the capacity of the venue may be used if the venue is too small to hold 100 persons observing a distance of at least 1.5 meters from one another.
- Gatherings at beaches and public parks
- Beaches and public parks in the Eastern Cape province and beaches in the Garden Route District will be closed to the public from 16 December 2020 to 3 January 2021.
- Beaches and public parks in the KwaZulu Natal province will be closed to the public on 16, 25, 26 and 31 December 2020 and 1,2 and 3 January 2021.
- Beaches and public parks in the Northern Cape and Western Cape provinces (excluding beaches in the Garden Route District) will be open to the public.
- Festivals, live music, live performances and loud music at beaches are prohibited.
- Beaches and public parks will be open between 09h00 and 18h00.
- The closure of beaches and time restrictions do not apply to fishermen for fishing purposes who are in possession of a permit or exemption granted in terms of the Marine Living Resources Act, 18 of 1998.
- Non-compliance with beach and public park restrictions will result in the closure of non-complying beaches and public parks from 16 December 2020 to 3 January 2021.
If a gathering does not comply with the Regulations, an enforcement officer must order the persons at the gathering to disperse immediately and if those persons refuse to disperse, the enforcement officer may take appropriate action, including the arrest and detention of any person at the gathering.
Initiation Practices
Initiation practices are prohibited nationally, except those held in the Eastern Cape province (excluding Nelson Mandela Bay), with effect from 17 December 2020. Apart from this new exception, a person may not arrange or hold an initiation school or conduct an initiation practice and a prospective initiate may not attend an initiation school.
Sale and Dispensing of Liquor
The days and times of the sale of liquor have changed from the initial Regulations issued under Alert Level 1. The sale of liquor at any licensed premises for off-site consumption is permitted between 10h00 and 18h00 from Monday to Thursday. Sales are prohibited on Fridays, Saturdays, Sundays and public holidays. The sale of liquor at any licensed premises for on-site consumption is permitted subject to strict adherence to the revised curfew. The consumption of liquor in public places, except in licensed on-site consumption premises, is prohibited.
Notably, registered wineries and wine farms may continue to offer wine-tastings and sell liquor to the public for off-site consumption from 10h00 to 18h00 from Mondays to Saturdays, subject to strict adherence to social distancing measures and health protocols.
Liquor sold or consumed in contravention of the Regulations constitutes an offence.
Hotspots
A hotspot is a geographical area or a cluster of geographical areas identified by the Government due to the prevalence of and rate of increase of COVID-19, the availability of hospital beds and any other factors relevant for the purposes of containment of COVID-19. Following the identification of a hotspot, additional restrictions may be applied to a hotspot.
The Regulations provide for increased restrictions for hotpots. Hotspots declared include Nelson Mandela Bay, the Sarah Baartman District and the Garden Route District. Every person is confined to their place of residence from 22h00 to 04h00 daily, unless they have been granted permission to perform a service that has not been specifically excluded, or are attending to a security or medical emergency. Establishments such as places of worship, cinemas, theatres, casinos, gyms and restaurants must be closed by 21h00.
The Regulations applicable to gatherings, initiation practices and the sale and dispensing of liquor in areas other than hotspots are identical to those which apply to hotspots.
Conclusion
In his address, President Ramaphosa indicated that due to South Africa’s participation in the World Health Organization’s COVID-19 Global Vaccine Access Facility, South Africa is expected to receive initial vaccines to cover 10% of the population in the early part of 2021. Until the Covid-19 infection rate is brought under control, the festive season and 2021 could look very similar to 2020.