South Africa’s State of Disaster and Covid regulations

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As of midnight on the 4th of April 2022, President Ramaphosa announced that the National State of Disaster will be lifted as the requirements in terms of the Disaster Management Act are no longer being met.

Going forward, Covid-19 regulations and procedures around the pandemic itself would be regulated in terms of the National Health Act which is currently open for comment.

Salient points to remember are as follows:

Wearing of Face Masks

  • The wearing of a face mask is mandatory for every person when in an indoor public place, excluding a child under the age of six years. Masks must be worn when using, operating, performing any service on any form of public transport or being in a building, place or premises used by the public to obtain goods or services.

  • All persons in an open public space need not wear a face mask but must maintain a social distance of at least 1 meter from another person.

  • Schools are excluded from the requirement of maintaining a distance of at least 1 meter from another person.

  • 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 whilst performing their duties.

Gatherings

(This includes faith based or religious, social, political, and cultural, gatherings at restaurants, bars, shebeens and taverns, gatherings at conferencing, exhibitions, dining, gyms, fitness centers, casinos and entertainment facilities, gatherings at venues hosting auctions including agricultural auctions, sporting activities, including both professional and non-professional matches by recognized sporting bodies.)

  • Gatherings are allowed at up to 50% of the capacity of the venue provided that entry to the venue is conditional upon production of a valid certificate showing that the person is fully vaccinated and in possession of a valid vaccination certificate or unvaccinated but in possession of a valid negative COVID-19 test which was obtained not more than 72 hours before the date of the gathering.

  • Where individuals are not fully vaccinated, do not have a valid vaccination certificate or do not possess a valid certificate of a negative COVID-19 test which was obtained not more than 72 hours before the date of the gathering, the gathering is allowed but limited to 1000 persons or less for indoor venues and 2000 persons or less for outdoor venues. If the venue cannot accommodate these amounts, then it may not exceed 50% of the capacity of the venue subject to adherence to all health protocols and social distancing measures.

  • The owner of the facility must display the certificate of occupancy which sets out the maximum number of persons which the facility may hold.

  • Workplace gatherings for work purposes are allowed subject to adherence to health protocols and social distancing measures.

  • Hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses are allowed to operate at full capacity of the available rooms for accommodation purposes.

Establishment of the COVID-19 Vaccine Injury No-Fault Compensation Scheme

  • The regulations further provide for the establishment, administration, and regulation of a COVID-19 Vaccine Injury No-Fault Compensation Scheme.

  • The purpose of the scheme is to provide compensation for persons /dependants of persons who have suffered from a Vaccine Injury caused by the administration of an approved Covid-19 vaccine.

For more information on the above topic, please contact the LabourNet Helpdesk at

0861 LABNET (0861 522638).

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