The South African government has gazetted regulations related to the current state of disaster that was announced on Sunday.

The regulations are effective immediately.

Some of the measures in the regulations have already been put in place with help from existing legislation, such as the imposed travel ban on foreign nationals from high-risk countries, the cancellation of visas, the issuance of travel advisories, travellers undergoing screening, and the closure of 35 land port and two sea port points of entry into the country.

Legal representatives of the respective organs of State had been at work since Sunday, March 14, to draft the regulations needed to further put into operations measures announced by President Cyril Ramaphosa.

These regulations are a rule of order which have the force of law, they are prescribed in terms of the Disaster Management Act and they enable government departments to direct certain actions under matters which fall within their legislative mandate.

“Further, these regulations are designed to create a regulatory framework for government to respond to the Covid-19 virus in an integrated and coordinated manner.

“They enable us as government to focus on preventing a disaster and where applicable reduce the risk of disasters, they activate governments capacity emergency preparedness regime, which must be rapid and effective,” said Cooperative Governance and Traditional Affairs Minister Dr Nkosazana Dlamini-Zuma in a letter addressed to Ministers, the media and the public.

Regulation 2 in the new regulations deals with the “release of resources” by the Department of Defence, national organs of State and other institutions within the three spheres of government. This section also addresses donor funding received to assist with the disaster.

Regulation 3 deals with the prevention and prohibition of gatherings, which is currently still limited to 100 people.

Additionally, the regulations specify that the assembly of more than 50 persons at premises where liquor is sold and consumed is also prohibited. The law makes a provision for powers of an enforcement officers to disperse a gathering or arrest and detain the organiser of a gathering. 

Regulation 5 talks to identification and availing places of quarantine and isolation by the Public Works and Infrastructure Minister, the MECs in provinces and accounting officers of municipalities.

Regulation 6 deals with the closure of schools and partial care facilities from March 18 to April 15, which may be extended for the duration of the national state of disaster by Cabinet.

Regulation 7 addresses the suspension for 30 days of visits to correctional centres, remand detention facilities, holding cells, military detention facilities, and Department of Social Development facilities, including child and youth centres, shelters and treatment centres, which may be extended if the disaster persists.

Regulation 8 notes the limitation on the sale, dispensing or transportation of liquor. In this case, all on-consumption premises selling liquor, including taverns, restaurants and clubs, must be closed with immediate effect, or must accommodate no more than 50 persons at any time.

The accommodation of 50 persons is only allowed provided that adequate space is available and that all directions in respect of hygienic conditions and limitation of exposure to persons with Covid-19 are adhered to. 

“No special or events liquor licences will be considered for approval during the duration of the national state of disaster. Establishments will also close earlier between 18:00 and 09:00 the next morning on weekdays and Saturdays; and from 13:00 on Sundays and public holidays,” the Minister confirmed.      

Regulation 9 deals with the “Emergency Procurement Procedures” in line with financial management legislation, regulations and instructions. 

Regulation 10 deals with the authority to issue directions. In this regard, Dlamini-Zuma has authorised the Ministers of Health; Justice and Correctional Services; Basic and Higher Education; Police; Social Development; Trade and Industry; and Transport to issue directions where needed to address, prevent and combat the spread of the virus in matters falling within their respective mandates.

Regulation 11 deals with offences and penalties for a person found liable on conviction, to a fine or imprisonment for a period not exceeding six months, or both a fine and imprisonment.

To date, the virus has infected more than 213 000 people globally, of which 8 727 have died and 84 000 have already recovered.

South Africa had identified 150 cases of Covid-19 as at Thursday.

CONSUMER PROTECTION
In addition to the regulations published on Thursday, Trade and Industry Minister Ebrahim Patel has also signed off on regulations to protect consumers against unnecessary price increases of basic goods and services.

These include that any dominant firm may not charge an excessive price to the detriment of customers or increase the price of a good or service not in relation to normal cost rises; this is also valid for mark-up or net margin increases above the average mark-up done in the three months prior to March 1. These regulations also apply to suppliers and retailers.

The Minister also specified that a supplier must develop and implement reasonable measures to ensure the equitable distribution to consumers, including small businesses. These measures may include limiting the number of items to one per consumer in a defined period of time. Retailers must display a notice in each of its stores that customers will be limited in this manner.

Should it become necessary, the Minister said he would define and set maximum quantities to limit the number of items that shops may sell to respective consumers. These items include toilet paper, hand sanitiser, facial masks, disinfectant cleaners, surgical gloves, disinfectant wipes, baby formula, disposable nappies, long-life milk, canned and frozen vegetables, canned meat products, various cleaning agents and other staple food items such as rice, maize meal and cooking oils.

A company that contravenes or fails to comply with these regulations may be investigated by the Competition Commission and could be liable for penalties – such as fines up to R1-million, a fine equal to 10% of the firm's turnover, or a year's imprisonment for the owners or executives of firms.