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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 1 : Definitions and Application

1. Definitions

 

In these Regulations, unless the context otherwise indicates—

 

"adequate space"

means not more than one person per one and a half metres of floor space;

 

"Alert Level"

means the determination made under subregulation 3(2);

 

"beach"

means the sandy, pebbly or rocky shore—

(a) between the high-water mark and low-water mark adjacent to—
(i) the sea; or
(ii) an estuary mouth extending 1000 meters inland from the mouth; and
(b) within 100 metres of the high-water mark, excluding private property,

including the sea and estuary themselves adjacent to the beach;

[Definition inserted by section 3(a) of Notice No. R. 11, GG44066, dated 11 January 2021]

 

"clinical case"

means a patient that presents with clinical signs and symptoms of COVID-19;

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

 

"COVID-19"

means the Novel Coronavirus (2019-nCov2) which is an infectious disease caused by a virus that has previously not been scientifically identified in humans, which emerged during 2019 and was declared a global pandemic by the WHO in 2020;

 

"Criminal Procedure Act"

means the Criminal Procedure Act, 1977 (Act No 51 of 1977);

 

"directions"

means the directions contemplated in section 27(2) of the Act, issued by a Cabinet member relating to his or her line functions, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs and justice and correctional services;

 

"donor"

means an individual, corporation or organisation that is a contributor of cash, kind and/or other assets;

 

"enforcement officer"

includes a member of the South African Police Service, the South African National Defence Force, metro police, traffic officers, immigration inspectors; and a peace officer as defined in section 1 of the Criminal Procedure Act;

 

"essential goods for import"

means the goods listed in Annexure B;

 

"essential services"

means the services listed in Annexure D;

 

"estuary"

means an estuary as defined in section 1 of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008).

[Definition inserted by section 3(b) of Notice No. R. 11, GG44066, dated 11 January 2021]

 

"face mask"

means a cloth face mask or a homemade item that covers the nose and mouth, or another appropriate item to cover the nose and mouth;

[Definition inserted by section 4 of Notice No. 891, GG43620, dated 17 August 2020]

 

"gathering"

means any assembly, concourse or procession in or on—

(a) any public road, as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996): or
(b) any other building, place or premises. including wholly or partly in the open air, and

including, but not limited to, any premises or place used for any sporting, entertainment, funeral, recreational, religious, or cultural purposes; but excludes a workplace and a place of residence for those persons ordinarily residing at the residence;

 

"health protocols"

means the COVID-19 health protocols determined by the Director General of Health;

 

"head of an institution"

means the accounting officer of a public institution and the chief executive officer or the equivalent of a chief executive officer of a private institution;

 

"hotspot"

means a geographical area or cluster of geographical areas;

[Definition inserted by section 3 of Notice No. 608, GG43364, dated 28 May 2020]

 

"institution"

means any public or private institution, including a sole practitioner and any other business owned and operated by a single person, that is engaged in the supply or distribution of a good or service as set out in the Table 1, or which regulates such supply or distribution, including professional regulatory bodies designated in directions made in terms of regulation 4 of the Regulations;

 

"institutions of higher learning"

means "higher education college" and "higher education institution" as defined in section 1 of the Higher Education Act. 1997 (Act No. 101 of 1997);

 

"isolation"

means separating a sick individual with a contagious disease from healthy individuals that are not infected with such disease in a manner that aims to prevent the spreading of infection or contamination;

 

"laboratory confirmed case"

means a patient who has been diagnosed with COVID-19 by means of a laboratory diagnostic method approved by the Department of Health;

 

"liquor"

means—

(a) any liquor product, as defined in section 1 of the Liquor Products Act, 1989 (Act No 60 of 1989);
(b) beer or traditional African beer; or
(c) any other substance or drink declared to be liquor under the Liquor Act, 2003 (Act No. 59 of 2003), but does not include methylated spirits;

 

" lockdown"

means the period between 23H59 on 26 March 2020, until 23H59 on 30 April 2020,

 

"movement"

means entering or leaving a place of residence or, in the case of people not ordinarily resident in the Republic, their place of temporary residence while in the Republic.

 

"national state of disaster"

means the national state of disaster declared by Government Notice No. R. 313 of 15 March 2020;

 

"permitted goods"

means Part E in the Table 1:

 

"permitted goods for export"

means the goods listed in Annexure C:

 

"permitted services"

means the services permitted in Table 1:

 

"quarantine"

[Definition deleted by section 3 of Notice No. R. 1715, GG45855, dated 1 February 2022]

 

"school"

means a school as defined in section 1 of the South African Schools Act, 1984 (Act No. 84 of 1996);

 

"the Act"

means the Disaster Management Act, 2002 (Act No. 57 of 2002); and

 

"WHO"

means the World Health Organisation.