Lockdown exercise rules – Legal expert comments on what you can do and if you must wear a mask
On 1 May, South Africa emerged from a strict five-week lockdown which prohibited any form of outdoor exercise.
Under the level-4 lockdown regulations, people are allowed to “walk, run or cycle between the hours of 06:00 to 09:00”.
The new regulations state that the exercise must be within a 5km radius of a person’s place of residence.
The regulations further state that exercise is not allowed in organised groups, like running or cycling clubs.
While many people were excited to start exercising again, it quickly became clear there was a lot of uncertainty about the rules.
The level 4 regulations, for example, states that a person must wear a cloth face mask or a homemade item that covers their nose and mouth when in a public place.
Many people questioned whether this was still needed when jogging or cycling, especially as it can be uncomfortable.
Minister of Police Bheki Cele also weighed in on the matter, saying he does not think people are taking the matter seriously.
“They were running in clubs. I saw a cycling club. People were running in clubs, walking their dogs, and they were even swimming,” he said.
His comments raised questions whether people may walk their dogs and which other forms of exercise are allowed.
What you must do
To shed light on these regulations, MyBroadband contacted Daniel Pretorius, a partner at Bowmans – one of South Africa’s top law firms.
MyBroadband provided his answers to frequently asked questions about exercise under the new regulations, below.
Pretorius highlighted that the formulation of the lockdown regulations was not always crystal clear, with the result that it is not always possible to provide a definitive answer to questions.
His answers should therefore be viewed in this light.
What exercise is permitted under lockdown? Is it only walking, jogging and cycling, or can people do other exercise outdoor as well?
As matters stand under the present level 4 regulations, people may only “walk, run or cycle” outside their places of residence during the specified hours and within the permitted radius.
May people walk their dogs?
Yes. Walking is clearly permitted. In the absence of an express prohibition on walking one’s dog, the regulations should be construed as permitting walking with one’s dog.
Must people wear masks when they exercise?
Yes. Regulation 5(1) provides that a person must wear a cloth face mask or other similar when in a public place.
Can people walk, jog or cycle with their family in a group?
This is wholly unclear. Regulation 16(2)(f) provides that the permitted walking, running and cycling may not be done “in organised groups”. This obviously raises the question as to what constitutes a “group” and when a group will be regarded as being “organised”.
Conceivably two people can constitute a group, even if they are family members living in the same place of residence.
But I think it unlikely that a court will adopt such a strict interpretation of the regulation – a small group of family members from the same place of residence are probably permitted to go for an informal walk together.
It is less likely that collective physical exercise by people from different places of residence, which obviously will have required arrangements to have been made to some extent, will be permitted. The larger the group, the less likely it is to be permitted. But it is difficult to say where exactly the dividing line will be.
Even at level 1 it states that “walking, jogging and cycling is permitted”. Does that mean no other exercise is permitted until the COVID-19 alert system is discontinued?
No, not necessarily. The regulations for the other alert levels have not yet been finalised – they are only in draft form. As such, it is premature to speculate about what the situation will be under different alert levels. It is possible that more exercise will be permitted at levels 3, 2 and 1.
Must gyms and sports clubs remain closed until the COVID-19 alert system is discontinued?
Gyms and sports clubs must remain closed under the regulations governing alert level 4. It remains to be seen what the position will be under levels 3, 2 and 1.
Daniel Pretorius
Comment from Megan Harrington-Johnson
Megan Harrington-Johnson, managing partner at HJW Attorneys, provided further in-depth commentary about the issue.
Whilst exercising outside of your home during the level 5 lockdown was entirely prohibited, the new risk adjusted strategy, herein referred to as “the regulations”, which were implemented from 1 May 2020, allow for a less restricted exercise routine.
If we look at section 16 of the regulations dealing with the movement of persons, the following can be found:
1) Everyone is confined to his or her place of residence.
2) A person may only leave their place of residence to (inter alia):
f) walking, running or cycling (only) between the hours of 06H00 to 09H00, within a five-kilometre radius of their place of residence: provided that this is not done in organised groups.
There has been no further regulation or directive issued in regards to exercising, but on 29 April 2020, Minister Dlamini and Minister Patel addressed South Africans to provide guidance and clarity on what the regulations allow and do not allow.
Can people walk, jog or cycle with their family in a group?
Whilst exercising in “organised groups” such as running or cycling clubs is prohibited, if we consider the technical sense of the word ‘organised’ it would seem that people living in the same household (as a family unit) may exercise together (in accordance with the regulations) as they are in any event living together and thus pose the same risk to each other outside of their homes as inside their homes. This would then not constitute an “organised group activity”. We do however advise not to do so in large groups (in so far as this is possible) in order to avoid contravening the public gatherings prohibition.
Must gyms and sports clubs remain closed until the COVID-19 alert system is discontinued?
Minister Dlamini on Saturday, 2 May, confirmed what was said in her address on 29 April, that gyms are to remain closed. This would be in line with regulations that prohibit public gatherings under section 23 of the regulations as well as the essential services list that makes no mention of gyms. Table 1 of the regulations also does not allow for this industry or activity to be permitted. Until such time the regulations are amended, or new regulations pertaining to new levels of the lockdown have been released, the above will be the position.
Which exercise is permitted under lockdown? Is it only walking, jogging and cycling, or can people do other exercise outdoors as well?
Even at level 1 it states that “walking, jogging and cycling permitted” – does this mean no other exercise is permitted until the COVID-19 alert system is discontinued?
The regulations are very specific as to the type of exercise that can be done if you leave your residence. In the event that you want to perform any other sort of exercise it would be advised that you do so within the confines of your private home or garden. The regulations do not prohibit other sorts of exercise, they merely prohibit them from being done in public areas, outside of your residence. This also means that the above would apply even at level 1 and until such time the COVID-19 pandemic is over. Please note that regulations pertaining to level 3, 2 and 1 are only in draft format and have not been confirmed yet and as such this position may change.
Must people wear masks when they exercise?
Whilst no specific mention has been made regarding wearing face masks when exercising, the following regulation under section 5 of the regulations must apply:
A person must wear a cloth face mask or a homemade item that covers the nose and mouth when in a public place, or another appropriate item to cover the nose and mouth.
Thus, if you decide to exercise outside the confines of your private home, you would be entering a public space. This would then mean that wearing a cloth face mask or another appropriate item to cover your nose and mouth would be mandatory.
May people walk their dogs?
The regulations are silent in this regard. Many have been asking this question and while the Minister of Health stated on Cape Talk radio that dog walking is allowed, Minister Bheki Cele has shut down those remarks. We advise that since nothing has been said about walking your dogs outside, in public, rather refrain from doing so. With the confusion between Ministers, it would be beneficial to refrain from doing something that has not been regulated or specifically dealt with in any directives.
It is important that whilst exercising, strict safety precautions be adhered to, such as social distancing. The Ministers could not stress this enough, making it clear that although exercise is allowed, strict measures have been put into place by Government in order to prevent the spread of COVID-19.
Thus, wherever there is a “grey area” we anticipate that the authorities will interpret the regulations narrowly, rather than widely and thus if you do not wish to be found to be contravening same, we urge you to rather err on the side of caution.
Megan Harrington-Johnson
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