The current level four of lockdown has led to businesses being flooded with information regarding the newly implemented regulations. During this downpour of information, businesses are trying to keep head above water, between the news, social media and fake news.
This article will provide a compact guide to level four of lockdown and the impact it will have on businesses. It is, however, no easy feat to try and summarize government regulations when the goalposts are being moved on an almost daily basis. You should, therefore, take a cautious approach to the re-opening of a business and make sure that you clear up any uncertainties that you may have with a trusted SEESA (Pty) Ltd legal advisor.
For a full and comprehensive look at level four lockdown regulations, please follow this link: https://www.gov.za/sites/default/files/gcis_document/202004/43258rg11098gon480.pdf
However, by way of summary please see the following table:
| SECTOR | PRODUCT / SERVICE | RESTRICTIONS |
| Agriculture, Beekeeping, Hunting, Forestry and Fishing | Preparation, cultivation, harvesting, storage, transport and related activities. Export of products is allowed. | Cabinet to release specific directions. All activities essential to the prevention of wasting goods within this sector should be implemented. |
| Electricity, Gas and Water supply | All electricity, gas and water. | Permitted |
| Manufacturing | All products are able to be sold under level four provisions. | Permitted |
| Paper and paper products (excluding stationary) | Permitted scaling up to full employment. | |
| Plastic packaging, including glass, plastic bottles and containers. | Permitted scaling up to full employment. | |
| Petroleum refineries, smelters and furnaces. | Permitted scaling up to full employment. | |
| Winter clothing, footwear, bedding and heaters (all inputs including textiles). | Commencing at 25% employment scaling up to 50%. | |
| Automotive, steel and other metals, rail and shipbuilding (including components). | Scaling up to 50%. | |
| Stationary production | Scaling up to 50%. | |
| Cement, other construction material and hardware | Scaling up to 50%. | |
| Other | Scaling up to 30%. | |
| Construction and Related Services | Civil engineering for public works projects | Permitted |
| Road and bridge projects | Permitted | |
| Critical maintenance and repairs | Permitted | |
| Wholesale and retail trade, covering stores, spaza shops, e-commerce and informal traders | All products and services which may be sold and delivered appear under level four provisions. | No sale of liquor. No sale of tobacco products. Minister Nkosazana Dlamini-Zuma said the government has reversed its stance on the sale of tobacco products after considering the negative impact it might have on the spread of the coronavirus. |
| Information and communication services | All telecommunication services and infrastructure. | Permitted |
| Information and Communication Technology services for all private and business customers. | Permitted | |
| Postal services and courier services. | For all permitted Level 4 services and products. | |
| Media and Entertainment Services | Online Services | Permitted. |
| Local broadcasting, live streaming of creative sector services in support of COVID 19. | Subject to Directions. | |
| Newspapers and broadcasting | Permitted | |
| Financial and Business Services | Banking environment | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. |
| Payments environment | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Financial Markets | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Insurance Environment | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Saving and investment environment | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Pension Fund Administration | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Outsourced Administration | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Medical Scheme Administration | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Debt Collection | Not Permitted | |
| Provision of social grants | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Private security | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Implementation of payroll. | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Car sales | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Chauffeur services, rental or motor, driven vehicles and machinery and equipment. | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Call centres for local and international markets. | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Other professional services. | Work from home where possible, however, workforce permitted to return, subject to directions by the relevant member of the cabinet. | |
| Accommodation and Food Services | Accommodation | Quarantine and essential services only. |
| Restaurants | Food delivery between 09:00 – 19:00. No pickup or sit down | |
| Transport, Storage and Communication Services | Ocean, rail, road and air. | Only of permitted goods and activities as set out in Regulation 22.1 |
| Public, rail, minibus taxi. | Minister Fikile Mbalula stated on 30 April 2020 the following: Operate from 05:00 and 19:00 with a grace period of one hour to complete trips. Minibus taxi 50% passenger limit. Busses 70% passenger limit, 5-Seater vehicle 2 passengers and driver. | |
| E-hailing | Permitted activities only with 50% passenger limited. | |
| Transport and logistics cargo permitted retail good to neighbouring countries including goods imported via SA ports of entry, for re-export to another country. | Specified cargo permitted, | |
| Mining and quarrying | Coal production for Eskom. | Scaling up to full employment. |
| Open-cast mining. | Scaling up from 50% to full employment. | |
| Other | Scaling up to 50% employment. | |
| Repair and Related Emergency Services | Vehicle recovery services. | Permitted |
| Emergency repair work including plumbers, electricians, locksmiths, glaziers, roof repair. | Permitted | |
| Emergency automobile repairs for all persons. | Permitted | |
| Supply chains | Production, manufacturing, supply, logistics, transport, delivery and critical maintenance and repair of goods and services. | Required for the production or rendering of permitted goods and services. |
| Private household’s employment | Live-in staff, and staff providing care to the sick, mentally ill, elderly, people with disabilities and children. | Permitted |
| Public administration, government services and other arms of state. | Only essential government and administrative services may operate. | Permitted |
| Health, social and Personal services | Medical and Veterinary services | Permitted |
| Cleaning, sanitation, pest control, sewerage, waste and refuse removal services. | Permitted | |
| Recycling | Permitted at a capacity of 50%. | |
| Informal Recycling | Permitted | |
| Wildlife Management, Anti-poaching, Animal Care and Veterinary Services. | Permitted | |
| Social work and counselling | Supporting gender-based violence, care and relief permitted. | |
| Funeral services, mortuary services transportation of remains | Permitted | |
| Trade Union essential staff | For workers, covered by level 4 subject to directions. | |
| Educational services | Permitted on dates and set out separately. |
How to protect your workers and workplace during level 4?
All the above-mentioned sectors not working from home, need to adhere to the strict regulations as set out below. A Plan must be developed prior to the reopening of business, employing persons or serving the public. For small businesses (less than 10 employees), the plan can be basic.
Medium and larger businesses require that a more detailed written plan should be developed. The employees should be provided with a copy of the plan. The plan for larger businesses should include but not be limited to the following:
- The date and hours the business will be open;
- The timetable setting out the phased return -to -work of employees;
- A list of staff who can work from home;
- Staff who are 60 years or older; and staff with pre-existing conditions who will be required to stay at home or work from home;
- Encouraging sick employees to report symptoms, stay at home and if positively diagnosed with COVID-19, the employer and Department should be informed;
- Social distancing and lowering contact among employees, clients, and customers by replacing face-to-face meetings with virtual communications;
- Keeping employees apart by at least 1.5 metres, or where this is not practical, a physical barrier must be placed between employees.
- Limiting the number of employees on-site at any given time through rotation or shift work;
- Providing employees with up-to-date education and training on COVID-19 risk factors and protective behaviours;
- Providing employees with Personal Protective Gear;
- Training employees who need to use protective clothing and equipment on how to put it on, use/wear it and take it off correctly, including, in the context of their current and potential duties. Training material should be easy to understand and available in the appropriate language and literacy level for all employees;
- Providing resources and a work environment that promotes personal hygiene. For example, no-touch refuse bins, hand soap, alcohol-based hand rubs containing at least 70 percent alcohol, disinfectants, and disposable towels for employees to clean their hands and their work surfaces;
- Requiring regular hand washing or using of alcohol-based hand rubs;
- Employees should always wash hands when they are visibly soiled and after removing any PPE;
- Display hand-washing signs in restrooms;
- If the employer employs more than 500 employees, a risk assessment together with a written policy concerning the protection of the health and safety of its employees from COVID-19 as contemplated in section 7(1) of Occupational Health and Safety Act (hereinafter referred to as ”the act”) should be sent to its health and safety committee established in terms of section 19 of the act and The Department of Employment and Labour;
For a full and comprehensive look at level four lockdown regulations, please follow this link: http://www.labour.gov.za/DocumentCenter/Publications/Occupational%20Health%20and%20Safety/COVID-19%20Guideline%20Mar2020.pdf
A further comprehensive list of regulations for the Electronic communications services and network services has been gazetted on 3 May 2020 in government gazette no 43263. Please follow this link: https://www.greengazette.co.za/documents/national-gazette-43263-of-03-may-2020-vol-659_20200503-GGN-43263
How to obtain a permit for an essential or permitted service?
- Confirm whether your business falls within essential or permitted service by using the table above;
- Register your business for essential services on the “bizportal” of the Department of Trade, Industry and Competition (DTIC), the link to the “bizportal” is found here https://bizportal.gov.za/essential_service.aspx ;
- Download your certificate, to use as proof of your company is an essential service and provide your employees with a copy thereof;
- The permit for essential or permitted service is found as Form 2 to the Disaster Management Act, 2002 Regulations issued in terms of section 27(2) (hereinafter referred to as “the act”;
- The employee and the institution which employs are required to fill out the form with the necessary identification details;
- As CEO or owner of the business you need to give your employees a letter with the official business stamp or logo with your signature to say that your employees work for you and provide an essential service in your business;
- It can even be advisable when delivering goods or performing a service to obtain a permit from the client you are delivering same to, in order to prove that the client is also classified as essential or permitted when dealing with another business;
- The act states that any person leaving their homes during the curfew hours must also carry some form of identification with them at all times. If they do not comply with the aforementioned, they will be summoned to return home even if they have a permit.
At SEESA (Pty) Ltd we understand the need for assistance and information during these uncertain and challenging times. Please feel free to contact us with questions regarding your business’s needs during level 4 of lockdown.
ABOUT THE AUTHOR
Jani Jordaan obtained her LLB degree from the University of Pretoria in 2016. She was then admitted as an attorney of the High Court in 2018. Jani joined SEESA Labour in 2020 as a legal advisor at our Pretoria office.
Sources:
- National Gazette No. 43259, 30 April 2020, Vol. 658;
- National Gazette No. 43263, 03 May 2020, Vol. 659;
- The Department of Employment and Labour Workplace Preparedness: COVID-19 (SARS-CoV-19 virus);
- http://www.thedti.gov.za/.