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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 5 : Adjusted Alert Level 2

51. Mandatory protocols when in a public place

 

(1) For the purposes of these Regulations, a '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.

 

(2) The wearing of a face mask is mandatory for every person when in a public place, excluding a child under the age of six years, and any person who fails to comply with a verbal instruction by an enforcement officer to wear a face mask, commits an offence and is, on conviction, liable to a fine or a period of imprisonment not exceeding six months, or to both such fine and imprisonment.

 

(3) No person will be allowed to—
(a) use, operate, perform any service on any form of public transport;
(b) enter or be in a building, place or premises, including government buildings, places or premises, used by the public to obtain goods or services; or
(c) be in any public open space,

if he or she is not wearing a face mask.

 

(4) The prohibition in subregulation (3)(c) shall not apply to a person who undertakes vigorous exercise in a public place, provided that the person maintains a distance of at least one and a half metres from any other person, and subject to directions on what is considered to be vigorous, issued by the Cabinet member responsible for health.

 

(5) An employer may not allow any employee to perform any duties or enter the employment premises if the employee is not wearing a face mask while performing his or her duties.

 

(6) Every business premises, including, but not limited to, a supermarket, shop, grocery store, retail store, wholesale produce market or pharmacy shall—
(a) determine their area of floor space in square metres;
(b) based on the information contemplated in paragraph (a), determine the number of customers and employees that may be inside the premises at any time with adequate space available, on the basis of providing for a social distance of one and a half metres between persons;
(c) take steps to ensure that persons queuing inside or outside the premises are able to maintain a distance of one and a half metres from each other;
(d) provide hand sanitisers for use by the public and employees at the entrance to the premises; and
(e) assign, in writing, an employee or any other suitable person, as the compliance employee, who must ensure—
(i) compliance with the measures provided for in paragraphs (a) to (d); and
(ii) that all directions in respect of hygienic conditions and limitation of exposure to persons with COVID-19 are adhered to.

 

(7) Any business whose premises exceeds the maximum number of customers and employees determined in subregulation (6) 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.

 

(8) All employers must, adopt measures to promote physical distancing of employees, including—
(a) enabling employees to work from home or minimising the need for employees to be physically present at the workplace;
(b) the provision for adequate space;
(c) restrictions on face to face meetings;
(d) special measures for employees with known or disclosed health issues or comorbidities, or with any condition which may place such employees at a higher risk of complications or death if they are infected with COVID-19; and
(e) special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.

 

(9) The requirements as set out in subregulation (6) applies with the necessary changes, to any other building that is not provided for by subregulation (6).

 

(10) All courier and delivery services shall provide for minimal personal contact during delivery.

 

(11) All banks as defined in the Banks Act, 1990 (Act No. 94 of 1990) and non-bank financial institutions as defined in the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), must—

(a)

(i) ensure that all automated teller machines located at their premises and branches that bears the name of that bank or a non-bank financial institution, have hand sanitisers for use by the public at each automated teller machine;
(ii) take reasonable steps to ensure that persons queuing at the automated teller machine on their premises and branches maintain a distance of one and a half metres from each other; and
(b) take reasonable steps to ensure implementation of these provisions by third parties hosting automated teller machines of a bank or non-bank financial institution through appropriate agreements.

 

[Chapter 5(51) substituted by section 3 of Notice No. R. 869, GG45156, dated 12 September 2021]