New Covid-19 rules to replace South Africa’s lockdown regulations
South Africans will have to keep wearing masks and abide by current limits on gatherings, according to new Covid-19 control regulations published by the health department.
The regulations were published moments before the transitional measures that were in place for 30 days after the State of Disaster was lifted on 5 April 2022 were set to expire.
“In order to ensure that there is no gap in terms of legal instruments to contain the spread of Covid-19 and future notifiable medical conditions, the department has gazetted the limited regulations for implementation with effect from Thursday, 5 May 2022,” the department said in a statement.
The new regulations are effectively the same as the transitional measures and are as follows:
- When entering and being inside an indoor public place, a person must wear a face mask.
- No person may use any form of public transport if they do not wear a face mask.
- All indoor and outdoor gatherings are limited to 50% of the venue capacity, provided that every attendee is vaccinated against Covid-19 or produces a negative Covid-19 test not older than 72 hours from the start of the event.
- Where the requirements for vaccination or negative Covid-19 tests are not met, venues are limited to 50% of capacity at up to 1,000 people indoors or 2,000 outdoors.
- All international travellers entering South Africa must produce a valid Covid-19 vaccination certificate or negative PCR Covid-19 test not older than 72 hours from their departure time.
People who fail to comply with these regulations could face a fine or imprisonment of up to 10 years.
The gazette states that the minister has the power to repeal and reimplement any of the measures as necessary.
The new regulations are implemented as part of the Surveillance and the Control of Notifiable Medical Conditions under the National Health Act instead of the Disaster Management Act.
That means they form part of the same legislation that the department wants to amend permanently to deal with Covid-19.
The department has extended opportunities for public comment on a draft version of these amendments until 5 July 2022.
It has claimed that the proposed amendments in the current “limited” regulations do not amend the National Health Act but rather “augment certain existing regulations”.
Potential legal action
Civil action organisations Afriforum and Dear SA have threatened legal action should the government promulgate the proposed health regulation amendments.
Following the gazetting of the limited regulations, the director of legal firm Hurter Spies, Daniël Eloff, which represents the two parties, said they would be consulting with their clients on Thursday to weigh possible court action.
Eloff also confirmed the new regulations were not amendments to the National Health Act, but were published “in terms of” the act.
He explained the regulations could only be declared invalid by a court. “Our court papers are ready,” Eloff stated.
He also criticised the government for how the regulations were announced.
“The procedure followed is flawed, to say the least. Not what you expect from a government that’s supposed to be open, transparent and responsive.”
“The ANC government can’t do anything quickly…except publish irrational, unlawful and daft draconian laws and regulations. That they can do like greased lighting,” Eloff stated.
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