Alison Lee

LOCK DOWN 4 RULES! or does it?

June 26, 2020
, 6:33 am
, Covid-19, Regulatory and Compliance Articles, Uncategorized

It’s been a jet plane kind of week- suspended in air, inflight channels exhausted and nothing to do……restless but nowhere to roam….. shuffling up and down the aisle … so over the drinks trolley and no appetite for the same old chicken or beef … I just wish we could get to our destination….no delays … no layovers …. just there.

BUT

Yes, that proverbial “but” – it looks like we are in for a layover, with the implementation of level 4, which looking at the detail means one thing: that the destination we were aiming at is still very much out of our grasp, and judging by the comments- there is going to be some serious butt kicking, or if that fails , epic proportions of bootlegging.

Administrative legal experts- rub your hands in glee and get those boxing gloves on – the fight is on.

So here goes, let’s take a look at these draconian rules to say the least.

[extraction from the Gazette on lockdown regulations – complete PDF version of Gazette 432548-<https://www.gov.za/documents/disaster-management-act-regulations-29-apr-2020-0000> – 38 pages ]

*Note-Regulation numbers not referred to- this is as summarised as you can get.

RULE # 1. WE NEED TO SAY AT HOME

Every person is confined to his or her place of residence.

RULE # 2. CERTAIN PEOPLE MAY WORK AND LEAVE HOME TO GO TO SAID PLACE OF WORK

Persons may leave home between 8am and be back by 5pm sharp, in order to perform an essential or permitted occupation or service.

These permitted occupations are as follows:

Agriculture, hunting, forestry and fishing

All agriculture, hunting, forestry and fishing, bee -keeping, including preparation, cultivation, harvesting, storage, transport of live animals and auctions (subject to health directions) and related agricultural infrastructure and services (including research, inspection, certification and quality control).
All fishing, operation of fish hatcheries and fish farms, on such conditions as may be issued in directions by the cabinet members responsible for the environment, forestry and fisheries.
Harvesting and storage activities essential to prevent the wastage of primary agricultural, fishing and forestry goods.
Export of all agricultural, agro-processed, fishing and forestry products.

Electricity, Gas And Water Supply

All electricity, gas and water supply is permitted.

Manufacturing

Manufacture of wholesale and retail products permitted to be sold under Alert Level 4, and all input products, permitted scaling up to full employment, except where otherwise indicated, and subject to strict health protocols.
Manufacture of paper and paper products, excluding stationery, permitted scaling up to full employment and subject to strict health protocols.
Manufacture of plastics and packaging, including glass, plastic bottles and containers, permitted scaling up to full employment and subject to strict health protocols.
Petroleum refineries, smelters, and furnaces, permitted scaling up to full employment and subject to strict health protocols.
Manufacture of winter clothing, footwear, bedding and heaters (and all inputs required, including textiles) permitted, commencing at 25% and scaling up to 50% employment and subject to strict health protocols.
Manufacturing of automotives, steel and other metals, rail and ship -building (including components), scaling up in phases to 50% employment and subject to strict health protocols.
Stationery production, scaling up in phases to 50% employment and subject to strict health protocols.
Cement, other construction material, and hardware, scaling up in phases to 50% employment and subject to strict health protocols.
All other manufacturing, scaling up to 30% employment and subject to strict health protocols.

Construction And Related Services (Inc. Trades Persons)

Civil engineering for public works projects (including water, energy, sanitation).
Public works civil engineering and construction works.
Road and bridge projects, including local road repairs
Critical maintenance and repairs.

Wholesale And Retail Trade, Covering Stores, Spaza Shops, Ecommerce And Informal Traders

Food products, including non -alcoholic beverages and animal food.
The sale of hot cooked food, only for home delivery.
Toilet Paper, sanitary pads, sanitary tampons, and condoms.
Hand sanitiser, disinfectants, soap, alcohol for industrial use, household cleaning products, and personal protective equipment.
Products for the care of babies and toddlers.
Personal toiletries, including haircare, body, face, hand and foot care products, rollons, deodorants, dental care products.
Medical and Hospital Supplies, medicine, equipment and personal protective equipment.
Fuel and lighting, including coal, wood, paraffin and gas.
Airtime and electricity.
Hardware, components and supplies.
Components for vehicles undergoing emergency repairs
Chemicals, packaging and ancillary products used in the production of any these products listed in Part E.
Textiles required to produce face masks and other personal protective equipment and winter clothing.
Winter clothing, footwear, bedding and heaters and the components and fabrics required to manufacture these.
Children’s clothing and fabrics and components required to manufacture these.
Stationery and educational books.
Personal ICT equipment including computers, mobile telephones and other home office equipment.

Information And Communication Services

All telecommunication services and infrastructure.
Information and Communication Technology services for all private and business customers.
Postal services and courier services for all permitted Alert Level 4 services.

Media And Entertainment Services

Online services.
Productions for local broadcast and live streaming of creative sector services in support of COVID-19 subject to directions.
Newspapers and broadcasting.

Financial And Business Services

Essential financial services may operate, subject to directions issues by the relevant Cabinet member, including 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:the banking environment (including the operations of mutual banks, cooperative banks, co-operative financial institutions and the Postbank); the payments environment; the financial markets (including market infrastructures licensed under the Financial Markets Act, 2012 (Act No. 19 of 2012);the insurance environment; the savings and investment environment;pension fund administration; outsourced administration; medical schemes administration; and additional services designated in terms of regulation 11B (4A)

The services listed above may not include debt collection services.

Services necessary for the provision of social grants.
Private security services may operate.
Implementation of payroll systems.
Car sales under specific directions
Chauffeur services, rental of motor vehicles, driven vehicles, machinery and equipment, and of goods to support other Alert Level 4 services.
Call centres, for local and all international markets, may operate subject to directions issues by the relevant cabinet members.
Other professional services may operate only where work-from -home is not possible, and only to support other Alert Level 4 services.

Accommodation And Food Service Activities Permitted

Accommodation not permitted, except for quarantine and essential services Restaurants only for food delivery services (9H00 – 19H00) and subject to restriction on movement (no sit down or pick -up allowed).

Transport, Storage And Communication Services Permitted

Ocean, rail, road and air transport of goods permitted only for activities set out in Regulation 22(1).
Public rail, minibus taxi and bus services will resume at Alert Levels and on terms as will be set out in Directions, based on the progressive increase in commuter numbers during the various phases.
E-hailing services subject to restrictions on capacity and times, and for permitted activities only.
Transport and logistics in respect of specified cargo specified in J1, and permitted retail goods to neighbouring countries, which shall include all goods imported via SA ports of entry, for re -export to neighbouring countries.

Mining And Quarrying

Coal production for Eskom scaling up to full employment.
Open-cast mining scaling up to a baseline of 50% and thereafter scaling up to full employment.
All other mining starting in batches scaling up towards 50% employment.

Repair And Related Emergency Services Permitted

Tow trucks and vehicle recovery services.
Emergency repair work, including plumbers, electricians, locksmiths, glaziers, roof repair work.
Emergency automobile repairs for all persons.

Supply Chains

Production, manufacturing, supply, logistics, transport, delivery and critical 1 maintenance and repair of goods and services (including components and equipment) required for the production or rendering of permitted goods and services

Private Households’ Employment

Live-in staff, and staff providing care to the sick, mentally ill, elderly, people with disabilities and children.

Public Administration, Government Services And Other Arms Of The State

Only essential government and administration services may operate, including:
Disaster management services.
Licensing, permitting, deeds, masters offices. birth and death certificates, replacement identification documents
Any other service designated by the Executive Authority, HODs, Heads of Courts, and Heads of other Chapter 9 Institutions.
Essential municipal services.
Services related to the functioning of courts; the State Capture Commission.
Essential SARS services defined by the Commissioner of SARS.
Police, peace officers, traffic officers, military medical personnel and soldiers, correctional services officials and traffic management services.
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.
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 the Independent Electoral Commission.

Health, Social And Personal Services

Medical and veterinary services permitted.
Cleaning, sanitation, pest control, sewerage, waste and refuse removal services.
Recycling of glass, paper, plastic, metal, tyres and such others as determined by directions, are permitted at 50% capacity. Informal recyclers will be permitted to resume operations.
All Social work, counselling, services supporting gender based violence, care and relief activities permitted.
Wildlife Management, Anti -poaching, Animal Care and Veterinary services.
Funeral services, including mortuaries services and the transportation of mortal remains.
Trade union essential staff for workers covered by Alert Level 4, subject to Directions.

BUT

“yes that proverbial but”

THE OPERATION OF ECONOMIC SECTORS MUST FOLLOW THESE RULES

The above Businesses and other entities detailed above may commence operations under the following conditions:

Every person in control of a retail store or institution must take steps to ensure that customers keep a distance of at least one and a half metres from each other, and that all directions in respect of health protocols and social distancing measures COVID -19, are adhered to; and designate a compliance official to ensure that the safety controls are strictly adhered to, and display the name of the official prominently in the store or in a visible area.
Retail stores selling goods as permitted are prohibited from selling other goods that are not permitted.
Persons performing essential services or permitted services, must be duly designated in writing by the head of an institution, or a person designated by him or her, on a form that corresponds with Form 2 in Annexure A: Provided that Cabinet member responsible for small enterprises may issue directions in respect of small and micro enterprises, cooperatives, informal traders and spaza shops in respect of those entities. *Note- None available yet- pity- these are the people that need to be working and earning….

All industries, businesses, entities, both private and in the public sector, which are permitted to operate during Alert Level 4, must designate a COVID-19 compliance officer who will oversee the: the development of a plan for the phased in return of employees to the workplace, prior to reopening which plan must correspond with Annexure E and be retained for inspection and contain the following information (i) which employees are permitted to work;(ii) what the plans for the phased-in return of their employees to the workplace are;(iii) what health protocols are in place to protect employees from COVID-19; and(iv) the details of the COVID-19 compliance officer.

This person will also be responsible for the implementation of the return to working plan, and who must ensure adherence to the standards of hygiene and health protocols relating to COVID-19 at the workplace;

In addition, such person will also have to develop a plan for the phased in return of from other provinces, metropolitan and district areas; and will have to develop measures to ensure that the workplace meets the standards of health protocols, adequate space for employees and social distancing measures for the public and service providers, as required.

ANNEXURE E- WORKPLACE PLANS

A COVID -ready Workplace Plan must be developed prior to the reopening of an enterprise

employing persons or serving the public.

ANNEXURE E. WORKPLACE PLANS

A COVID -ready Workplace Plan must be developed prior to the reopening of an enterprise

employing persons or serving the public.

For small businesses, the plan can be basic reflecting the size of the business, while for medium and larger businesses, a more detailed written plan should be developed given the larger numbers of persons at the workplace.

The Plan for medium and large businesses must include the following:

The date the business will open and the hours of opening;

The timetable setting out the phased return -to -work of employees, to enable appropriate measures to be taken to avoid and reduce the spread of the virus in the workplace:

The steps taken to get the workplace COVID -19 ready;

A list of staff who can work from home: staff who are 60 years or older; and staff with
comorbidities who will be required to stay at home or work from home.
Arrangements for staff in the establishment:
sanitary and social distancing measures and facilities at the entrance and exit workplace; to the screening facilities and systems;
the attendance -record system and infrastructure;the work -area of employees;
any designated area where the public is served;
canteen and bathroom facilities;
testing facilities (for establishments with more than 500 employees);
staff rotational arrangements (for establishments where fewer than 100% of employees will be permitted to work).

Arrangements for customers or members of the public, including sanitation and social

distancing measures

RULE # 3. CAN LEAVE HOME AFTER CURFEW TO PERFORM EMERGENCY SERVICE

Persons may leave home between 5pm and 6am, in order to perform an essential service provided they have a permit which corresponds with Form 2 of Annexure A. Essential services are listed at the end of this summary.

RULE # 4. CAN SHOP – YAY – BUT NOT FOR BOOZE OR ZOL

We can leave our home to buy permitted goods and obtain services that are allowed to operate.

RULE # 5. WE CAN TAKE OUR KIDS TO SCHOOL ONCE THEY OPEN – CAN’T WAIT!

We may move children, as allowed.

*Note teaching phase in rules are not clear; we await these with baited breath, as we do in respect of University timetables.

RULE # 6. WE CAN RUN OR CYCLE AROUND THE BLOCK – IF YOU GET UP EARLY!

So no more binging on Netflix or “justmovies” – get up before 6am and 9am and one can then walk, run or cycle within a five kilometre radius of you place of residence; Provided that this is not done in organised groups….

RULE # 7. TAKE NOTE OF THE STRICT CURFEW TIMES

Every person is confined to his or her place of residence from 8pm to 5am daily, except where a person has been granted a permit to perform an essential or permitted service as listed in Annexure D, or is attending to a security or medical emergency.

RULE # 8. CANNOT TRAVEL OR GO ON A ROAD TRIP

Movement between provinces, metropolitan areas and districts are prohibited except-

for workers who have a permit to perform an essential or permitted service who have to commute to and from work on a daily basis;
the attendance of a funeral, as allowed;
the transportation of mortal remains; and
for learners who have to commute to and from school or higher education institutions on a daily basis during periods when those institutions are permitted to operate.

RULE # 9. OUT OF STATE’RS CAN RETURN HOME

Any person who was not at their place of residence, or work before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown, will be permitted, on a once-off basis, to return to their places of residence or work and will be required to stay in such place until the end of Alert Level 4.

RULE # 10. TOURISTS CAN GO HOME IF AN EVACUATION PLAN IS IN PLACE – OR ELSE THEY MUST STAY PUT.

All foreign tourists who arrived in the Republic prior to the lockdown period, which ended on 30 April 2020, and who remained in the Republic, must remain in their place of temporary residence in the Republic for the duration of Alert Level 4, as the case may be, and may be subject to screening for COVID-19 and be quarantined or isolated as required; Provided that the evacuation of foreign tourists where arrangements, including an arrangement for the evacuation by air charter, has been made by the relevant embassy , may be allowed; Provided further that a tourist is escorted to the point of exit where he or she may be screened again.

RULE # 11. MOVEMENT OF CHILDREN IF DIVORCED OR SEPARATED

The movement of children between co-holders of parental responsibilities and rights or a caregiver, in the same metropolitan area or district municipality is allowed subject to the following if the co-holders of parental responsibilities and rights or a caregiver is in possession of-a court order; or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate a permit issued by a magistrate where which corresponds with Form 3 of Annexure A if the above documentation is not available.

The movement of children between co-holders of parental responsibilities and rights or a caregiver, between different metropolitan areas, district municipalities or provinces is allowed if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of Annexure A.

Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once -off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of annexure A.

The household to which the child has to move, must be free of COVID -19.

Before a magistrate issues a permit he or she must be provided with-

(i) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and

(ii) written reasons why the movement of the child is necessary.

(b) Before a magistrate issues a permit referred to in 17(2) or (3), he or she must be provided with-

(i) A court order

(ii) a parental responsibilities and rights agreement or parenting plan registered with the family advocate or

(iii) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and

(iv) written reasons why the movement of the child is necessary.

RULE # 12. ATTENDANCE OF FUNERALS IS PERMITTED SUBJECT TO RULES

Movement between a province, metropolitan area or district by a person wishing to attend a funeral shall only be permitted if that person so wishing to attend the funeral is a

(a) spouse or partner of the deceased;

(b) child of the deceased, whether biological, adopted or stepchild;

(d) parent of the deceased whether biological, adopted or stepparent;

(e) sibling, whether biological, adopted or stepbrother or sister of the deceased; (f) or grandparent of the deceased;

Attendance at a funeral is limited to 50 people and will not be regarded as a prohibited gathering.

Night vigils at a funeral is banned.

(During a funeral, all hygienic conditions and distancing measures must be adhered to for the limitation of exposure of persons at the funeral to COVID-19.

Each person, whether traveling alone or not, wishing to attend a funeral and who has to travel between districts, or between provinces to attend a funeral must obtain a permit which corresponds substantially with Form 4 of Annexure A, from his or her nearest magistrate’s office or police station to travel to the funeral and back.

The head of court, or a person designated by him or her, or a station commander of a police station or a person designated by him or her, may issue the permit to travel to a funeral.

Upon a request for a permit to attend a funeral, a person requesting a permit must produce a death certificate or a certified copy of the death certificate to the head of court, or a person designated by him or her, or a station commander of a police station or a person designated by him or her; Provided that where a death certificate is not yet available, and the funeral must be held within 24 hours in keeping with cultural and religious practices. the person requesting the permit must make a sworn affidavit which corresponds with Form 5 of Annexure A, together with a letter from a cultural or religious leader confirming the need for the funeral within 24 hours.

Only two family members or a person with a close affiliation to the deceased may, with the required permits, be present in the vehicle transporting the mortal remains to the metropolitan or district area, or province where the funeral will take place; provided that the cause of death of the deceased being transported is non -COVID -19 related.

The Regulations for the use of public transport must be strictly adhered to when travelling.

A copy of the permit issued and the death certificate or sworn affidavit made, must be kept safely by the head of court, or station commander of a police station for record keeping for a period of three months after the national state of disaster has ended, where after it may be destroyed.

All forms must be completed in full, including full names, identification or passport numbers and full contact details as required in the form and failure to do so will result in the form being rejected as invalid.

RULE # 13. NO EVICTIONS

A competent court may grant an order for the eviction of any person from land or a home in terms of the provisions of the Extension of Security of Tenure Act 62 of 1997 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998; Provided that any order of eviction shall be stayed and suspended until the last day Alert Level 4. unless a court decides that it is not just and equitable to stay and suspend the order until the last day of the Alert Level 4 period.

RULE # 14.PUBLIC TRANSPORT PERMITTED – BUT NO GUIDELINES YET

We are still waiting for directions for the resumption of different modes of public transport to cater for the gradual return to work of people, in respect of –

(a) rail, bus services, taxi services;

(b) e-hailing services; and

RULE # 15. CLOSURE OF BORDERS STILL IN PLACE

All borders of the Republic remain closed during the period of Alert Level 4, except for ports of entry designated by the Cabinet member responsible for home affairs and for the transportation of fuel, cargo and goods during the period of Alert Level 4.

RULE # 16. TRANSPORTATION OF CARGO PERMITTED FOR CERTAIN GOODS

Rail, ocean, air and road transport is permitted for the movement of cargo to other countries and within the Republic of South Africa, subject to national legislation, for the transportation of the following goods-essential goods for import as set out in Annexure B to the Regulations; the import of materials and components required for manufacturing activities allowed under Alert Level 4;cargo at ports of entry;goods cleared at ports of entry for removal in transit through the Republic destined for neighboring countries;permitted goods for export as set out in Annexure C to the Regulations;transport of goods within the Republic of South Africa; and any other goods as set out in Directions by the relevant Cabinet member; taking into account health risks, constrained capacity at ports of entry and other factors relevant to the health; public order and economic effects of Covid -19.

Essential Goods For Import

Food products, including non -alcoholic beverages and animal feed .
Sanitary pads, sanitary tampons, condoms.
Hand sanitiser, disinfectants, soap, alcohol for industrial use, household cleaning products, and personal protective equipment, excluding cloth face masks.
Products for the care of babies and toddlers.
Personal toiletries, including haircare, body and face care products, roll-ons, deodorants, and dental care products.
Medical and hospital supplies, medicine, equipment and personal protective equipment (excluding cloth face masks).
Fuel, including coal, wood, paraffin and gas.
Hardware, components and supplies.
Components for aftersales vehicles services.
Chemicals, packaging and ancillary products used in the production of any these products.
Textiles required to produce face masks, and other personal protective equipment.
ICT equipment to facilitate work -from -home arrangements including computers, mobile telephones and other home office equipment.

Permitted Goods For Export

Agricultural, agro-processing, forestry and fishing products
Manufacturing products and mining products permitted for production under the Alert Level 4 table subject to directions issued by the relevant Minister

RULE # 17. NO GATHERINGS

All gatherings are banned, except-

(a) for funerals;

(b) when at a workplace; or

An enforcement officer must, where a gathering takes place-

(a) order the persons at the gathering to disperse immediately; and

(b) if the persons refuse to disperse, take appropriate action. which may. subject to the Criminal Procedure Act, include arrest and detention.

RULE # 18. NO JOLLING- NOTE ALL PLACES AND PREMISES CLOSED TO THE PUBLIC

Any place or premises normally open to the public where religious, cultural, sporting, entertainment. recreational, exhibitional, organisational or similar activities may take place. is closed.

Any place or premises normally open to the public or where people may gather, are prohibited. These include-

(a) public parks, sports grounds and fields, beaches and swimming pools;

(b) flea markets;

(d) night clubs;

(e) casinos;

(f) hotels, lodges, bed and breakfasts, airbnbs’, timeshare facilities and resorts, and guest houses, except to the extent that they are required for remaining tourists confined to hotels, lodges and guest houses;

(g) private and public game reserves except to the extent that they are required for remaining tourists confined to private and public game reserves;

(h) holiday resorts except to the extent that they are required for remaining tourists confined to such holiday resort;

()i) taverns and shebeens, or similar establishments; theatres and cinemas; and

(k) museums.

Persons rendering security and maintenance services may continue to perform these services at the places or premises listed in this regulation.

RULE # 19. YOU CAN VISIT THOSE IN JAIL- CONTROLLED VISITS BY MEMBERS OF THE PUBLIC

All visits by members of the public to-

(a) Correctional Centres;

(b) Remand Detention Facilities;

(d) Military Detention Facilities;

(e) Health establishments and facilities, except to receive treatment or medication in accordance with health protocols; and

(f) Facilities controlled or managed by the Department of Social Development. including Child and Youth Care Centres, shelters, One Stop Centres. and Treatment Centres, will be allowed to the extent and in the manner as directed by the Cabinet member responsible for cooperative governance and traditional affairs after consultation with the Cabinet members responsible for health, police and justice and correctional services.

RULE # 20. SORRY – NO SALE, DISPENSING OR TRANSPORTATION OF LIQUOR

The sale, dispensing and distribution of liquor is prohibited.

The transportation of liquor is prohibited, except where alcohol is required for industries producing hand sanitizers, disinfectants, soap, alcohol for industrial use and household cleaning products.

The transportation of liquor for export purposes is permitted.

No special or events liquor licenses may be considered for approval during the duration of the national state of disaster.

RULE # 21. SORRY – NO SMOKING – TOBACCO PRODUCTS, E-CIGARETTES AND RELATED PRODUCTS

The sale of tobacco, tobacco products, e-cigarettes and related products (ZOL?) is prohibited.

RULE # 22. ENERGY AND PETROLEUM PRODUCTS SUPPLIES PERMITTED – NOTE TO ESKOM- NO LOAD SHEDDING ALLOWED- government order

To ensure the continuous supply of energy and petroleum products to society collieries that supply Eskom may continue to operate at full capacity; and refineries and other facilities providing energy and fuel may operate at full capacity to avoid shortage of fuel and energy, and such operations may include fuel storage, smelters, plants and furnaces.

RULE # 23. MINING OPERATIONS PERMITTED

Open-cast mining scaling up to a baseline of 50% and thereafter scaling up to full employment.

All other mining starting in batches scaling up towards 50% employment.

Mining operations, must be conducted at a reduced capacity of not more than 50 %, and thereafter at increasing capacity as determined by direction issued by the Cabinet member responsible for mineral resources and energy.

The following conditions apply to the starting and increasing of capacity;

(a) Appropriate measures to protect the health and safety of workers must be implemented by mining companies in accordance with the directions issued from time to time by the Cabinet member responsible for mineral resources and energy, in consultation with the Cabinet member responsible for health.

(b) a rigorous screening and testing programme must be implemented as employees return to work;

(d) data collected during the screening and testing programme must be submitted to the authority referred to in regulation 8;

(e) mining companies must make arrangements to transport their South African employees from their homes to their respective areas of operations;

The monitoring and impact assessment of seismicity through the Council for Geoscience must be intensified with immediate effect.

LIST OF ESSENTIAL SERVICES

*Note- haircare and beauty treatments STILL NOT not essential services

MEANS:

(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. Wholesale 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. Accommodation used for persons rendering essential services, quarantine, isolation and the lockdown

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.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.

STAY SAFE!

Alison Lee

LOCK DOWN 4 RULES! or does it?

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