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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)

Annexures

Annexure D : Essential Services

 

ANNEXURE D

ESSENTIAL SERVICES

 

A: Essential and permitted services referred to in section 16(3) of the Regulation shall refer to:
(a) the list of essential services as set out in B below; and
(b) such other service as are set out in Alert Level 4 and where the technological. industrial, structural or similar requirement of the service necessitates a continuous or shift operation, as set out in directions, as set out below.

 

B: Essential services means the services as defined in section 213 of the Labour Relations Act, 1995 (Act No. 66 of 1995), and designated in terms of section 71(8) of the Labour Relations Act, 1995 (and which designation remains valid as at the date of publication of this regulation), and as listed below:
1. Medical, Health (including Mental Health), Laboratory and Medical services and the National Institute for Communicable Diseases;
2. Disaster Management, Fire Prevention. Fire Fighting and Emergency services;

 

3.1

(a) The following services necessary to maintain the functioning of a financial system as defined in section 1(1) of the Financial Sector Regulation Act, only when the operation of a place of business or entity is necessary to continue to perform those services:
(i) the banking environment (including the operations of mutual banks, co-operative banks, co-operative financial institutions and the Postbank);
(ii) the payments environment;
(iii) the financial markets (including market infrastructures licensed under the Financial Markets Act, 2012 (Act No. 19 of 2012);
(iv) the insurance environment;
(v) the savings and investment environment;
(vi) pension fund administration;
(vii) outsourced administration;
(viii) medical schemes administration, and
(ix) additional services set out in directions.
(b) The services listed in paragraph (a) may not be construed to include debt collection services.

 

3.2 Services necessary for the provision of social grants.

 

4. Production and sale of the goods listed in Annexure B;

 

5. Whole sale and retail stores for re- stocking;

 

6. Electricity (including vital demand management services), water, gas and fuel production, supply and maintenance;

 

7. Critical jobs for essential government services as determined by Head of National or Provincial Departments in accordance with the guidance of the Department of Public Service and Administration, including Social Grant Payments and pension payments;

 

8. Essential municipal services;

 

9. Care services and social relief of distress provided to older persons, mentally ill, persons with disabilities, the sick, and children;

 

10. Funeral and cremation services, including mortuaries services and the transportation of mortal remains:

 

11. Wildlife Management, Anti -poaching. Animal Care and Veterinary services;

 

12. Newspaper, broadcasting and telecommunication infrastructure and services, including call centres critical for the support of such services;

 

13. Production and sale of any chemicals, hygiene products, pharmaceuticals for the medical or retail sector;

 

14. Cleaning, sanitation, pest control, sewerage, waste and refuse removal services;

 

15. Services related to the essential functioning of courts, judicial officers, the Master of the High Court, Sheriffs and legal practitioners required for those services:

 

16. Essential SARS services defined by the Commissioner of SARS;

 

17. Police, peace officers, traffic officers, military medical personnel and soldiers, correctional services officials and traffic management services;

 

18. Postal services and courier services related to transport of medical products;

 

19. Private security services;

 

20. Air-traffic Navigation, Civil Aviation Authority, air charters, Cargo Shipping and dockyard services;

 

21. Gold, gold refinery, coal and mining;

 

22. [Item 22 of Annexure D deleted by section 9 of Notice No. R. 1715, GG45855, dated 1 February 2022]

 

23. Production, manufacturing, supply, logistics, transport, delivery. critical maintenance and repair in relation to the rendering of essential services including components and equipment;

 

24. Transport services for persons rendering essential services and goods, and transportation of patients;

 

25. Services rendered by the Executive, members of Parliament, Members of the Provincial Legislature, Members of Local Councils, the Judiciary, traditional leaders and National Office Bearers of Political Parties represented in Parliament;

 

26.1 Commissioners of the South African Human Rights Commission, Gender Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Public Protector and Deputy Public Protector and the Independent Electoral Commission; and
26.2 Services rendered by the institutions referred to in item 26.1

 

27. Transport and logistics in respect of cargo and goods as set out in Part A to neighbouring countries;

 

28. Tow trucks and vehicle recovery services;

 

29. Call centres necessary to provide health, safety, social support, government and financial services, debt restructuring for consumers of retailers, and access to short-term insurance policies as a result of reduced income or loss of income;

 

30. Harvesting and storage activities essential to prevent the wastage of primary agricultural goods;

 

31. Implementation of payroll systems to the extent that such arrangement has not been made, to ensure timeous payments to workers; and

 

32. Critical maintenance services which cannot be delayed for more than 21 days and are essential to resume operations;

 

33. Trades necessary for the rendering of emergency repair work. including plumbers, electricians. locksmiths, glaziers, roof repair work;

 

34. Trades necessary for emergency automobile repairs for persons rendering essential services;

 

35. Information and Communication Technology services rendered to entities and institutions engaged in delivering essential services in terms of these Regulations.