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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

4. Authority to issue directions

 

(1) The Cabinet member responsible for health may—
(a) issue directions to address, prevent and combat the spread of COVID-19 in any area of the Republic of South Africa, which directions may include the—
(i) recruitment and training of human resources from the Department of Health, and other entities responsible for the handling of COVID-19 mortal remains;
(ii) deployment of human resources from the Department of Health to identified sites to render services;
(iii) sourcing of human resources from the Expanded Public Works Programme, retired health professionals and Non-Governmental Organisations to render services in identified sites;
(iv) provision of health equipment, sanitation materials and medical supplies;
(v) identification and establishment of mortuaries that will accommodate all COVID-19 mortal remains;
(vi) disposal of COVID-19 mortal remains: and
(b) vary the directions referred to in paragraph (a) as the circumstances require.

 

(2) The Cabinet member responsible for justice and correctional Services may—
(a) issue directions to address, prevent and combat the spread of COVID-19 in all Correctional Centres and Remand Detention Facilities in the Republic of South Africa;
(b) where appropriate, issue directions to address, prevent and combat the spread of COVID-19 in all courts and court precincts in the Republic of South Africa;
(c) issue directions for voluntary alternative dispute resolution mechanisms, pursuant to regulation13, to resolve COVID-19 disputes and related matters; and
(d) vary the directions referred to in paragraphs (a) to (c) as the circumstances require.

 

(3) The Cabinet members responsible for basic and higher education may—
(a) issue directions to address, prevent and combat the spread of COVID-19 in all schools and institutions of higher learning; and
(b) vary the directions referred to in (a) as the circumstances require,

 

(4) The Cabinet member responsible for police may—
(a) issue directions to address, prevent and combat the spread of COVID-19 in all police stations, police precincts, and holding cells; and
(b) vary the directions referred to in paragraph (a) as the circumstances require.

 

(5) The Cabinet member responsible for social development may—
(a) issue directions to address, prevent and combat the spread of COVID-19 in all Department of Social Development facilities: and
(b) vary the directions referred to in paragraph (a) as the circumstances require.

 

(6) The Cabinet member responsible for trade, industry and competition may—
(a) issue directions to—
(i) protect consumers from excessive, unfair, unreasonable or unjust pricing of goods and services during the national state of disaster; and
(ii) maintain security and availability of the supply of goods and services during the national state of disaster:
(b) issue directions to address, prevent and combat the spread of COVID-19; and
(c) vary the directions referred to in paragraphs (a) and (b) as the circumstances require.

 

(7) The Cabinet member responsible for transport may—
(a) issue directions to address, prevent and combat the spread of COVID-19 in matters falling within his or her mandate: and
(b) vary the directions referred to in paragraph (a) as the circumstances require.

 

(8) The Cabinet member responsible for home affairs may issue directions to 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.

 

(9) The Cabinet member responsible for small business may—
(a) issue directions to address, prevent and combat the spread of COVID-19 in matters falling within his or her mandate; and
(b) vary the directions referred to in paragraph (a) as the circumstances require.

 

(10) Any Cabinet member may issue and vary directions. as required, within his or her mandate, to address, prevent and combat the spread of COVID-19, and its impact on matters relevant to their portfolio, from time to time, as may be required, including—
(a) disseminating information required for dealing with the national state of disaster;
(b) implementing emergency procurement procedures;
(c) taking any other steps that may be necessary to prevent an escalation of the national state of disaster, or to alleviate, contain and minimise the effects of the national state of disaster; or
(d) taking steps to facilitate international assistance.

 

(11) All directions issued in terms of these Regulations shall continue to apply unless, varied, amended or withdrawn by the Cabinet member responsible for such directions.

 

(12) Directions with regard to health and social services and competition may be issued trade, industry and to designate services which are necessary to provide or maintain essential health and social services and international trade or industrial activities.

 

(13) Directions may be issued and varied, as required. to address, prevent and combat the spread of COVID-19, from time to time, including—
(a) disseminating information required for dealing with the national state of disaster;
(b) implementing emergency procurement procedures;
(c) taking any other steps that may be necessary to prevent an escalation of the national state of disaster, or to alleviate, contain and minimise the effects of the national state of disaster; or
(d) taking steps to facilitate international assistance.

 

(14) All directions issued in terms of these Regulations shall continue to apply unless, varied, amended or withdrawn by the Cabinet member responsible for such directions.