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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

14. Offences and penalties

 

(1) Any person who intentionally misrepresents that he, she or any other person is infected with COVID-19 is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

 

(2) Any person who publishes any statement. through any medium, including social media, with the intention to deceive any other person about—
(a) COVID-19;
(b) COVID-19 infection status of any person; or
(c) any measure taken by the Government to address COVID-19,

commits an offence and is liable on conviction to a fine or imprisonment for a period not exceeding six months, or both such fine and imprisonment.

 

(3) Any person who intentionally exposes another person to COVID-19 may be prosecuted for an offence, including assault, attempted murder or murder.

 

(4) A person who fails to comply with—
(a) an obligation imposed in terms of regulation 8(5), 8(9), 8(11), 8(17); or
(b) a direction issued in terms of regulation 8(10) or 8(18);

of these Regulations commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

 

(5) A driver or operator of any form of public transport who fails to take reasonable steps to ensure compliance with regulation 5(2)(a) commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

[Regulation 14(5) inserted by section 4 of Notice No. 763, GG43521, dated 12 July 2020]

 

(6) A manager or owner of a building, place or premises, including a government building place or premises, used by the public to obtain goods or services who fails to take reasonable steps to ensure compliance with regulation 5(2)(b) commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

[Regulation 14(6) inserted by section 4 of Notice No. 763, GG43521, dated 12 July 2020]

 

(7) An employer who fails to take reasonable steps to ensure compliance with regulation 5(3)(a) or (b) commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

[Regulation 14(7) inserted by section 4 of Notice No. 763, GG43521, dated 12 July 2020]

 

(8) A principal of a school, or manager or owner of an early childhood development centre, who fails to take reasonable steps to ensure compliance with regulation 5(3)(c) or (e) commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

[Regulation 14(8) inserted by section 4 of Notice No. 763, GG43521, dated 12 July 2020]

 

(9) Any person who incites, instigates, commands, or procures any other person to commit any offence in terms of these regulations, commits an offence and is,on conviction, liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment.

[Regulation 14(9) inserted by section 3 of Notice No. R. 565, GG44772, dated 27 June 2021]