Aug 23, 2020

Level 2 Lockdown Business Guidelines

The President announced on the 15th of August 2020 that the country will go down to Level 2 of the lockdown regulations. This came into effect on 18 August 2020. Under level 2, almost all businesses may resume their regular activities. It is however not necessarily business as usual. 

Many of the restrictions that applied to the previous levels of the lockdown remain in place.

What is now allowed?

Travelling between the hours of 04:00 to 22:00 is allowed. Travelling between the hours of 22:00 to 04:00 is not allowed. Everybody is still confined to their places of residence from 22:00 until 04:00 daily, except where a person has been granted a permit, which corresponds with the requirements of the regulations to perform a service other than a service related to activities that are still not allowed to operate or is attending to a security or medical emergency.

Mandatory protocols when in a public place

Everybody must when in a public place, wear a facemask and may not be allowed to be in a public place, use any form of public transport, or enter a public building, place or premises, if that person is not wearing a facemask.

Gatherings:

Only the following gatherings are allowed:

  • A gathering at a faith-based institution, which is limited to 50 persons or less, depending on the size of the place of worship. All health protocols and social distancing measures must still be adhered to;
  • Funerals are still limited to 50 persons. During a funeral, a person must wear a facemask and adhere to all health protocols and social distancing measures. Night vigils are still not allowed;
  • Conferences and meetings are limited to 50 persons, excluding those who participate through electronic platforms and are  restricted to business purposes;
  • Cinemas, subject to a limitation of 50 persons or less per cinema and the sale of tickets through a booking system;
  • Theatres, concerts and live performances, subject to a limitation of 50 persons or less, strict adherence to all health protocols and social distancing measures, as provided for in directions that must be issued by the relevant Cabinet member after consultation with the Cabinet member responsible for health;
  • Casinos, subject to a restriction on the number of persons allowed in the casino to not more than 50 % of the available floor space, with patrons observing a distance of least one and a half metres from each other: Provided that this percentage may be increased as provided for in directions issued by the relevant Cabinet member;
  • All auctions, subject to strict adherence to all health protocols and social distancing measures and directions issued by the relevant Cabinet member, in consultation with the Cabinet member responsible for health;
  • Sporting activities, including professional and non -professional matches, authorised by recognised sporting bodies, subject to directions for sports matches issued by the Cabinet member responsible for sport, after consultation with the Cabinet member responsible for health. Only journalists, radio, television crew, security personnel, emergency medical services, and the necessary employees employed by the owners of the venue of the sports match, are allowed at the venue of the sports match. Only the required number of players, match officials, support staff and medical crew required for the sports match, are allowed at the venue of the sports match. No spectators are allowed at the venue of the sports match. No international sports events are allowed;
  • Weddings, subject to a limitation of 50 persons, and directions issued by the relevant Cabinet member;
  • Concerts and entertainment events, subject to a limitation of 50 persons;
  • Events at function venues, subject to a limitation of 50 persons, and directions issued by the relevant Cabinet member;
  • Fitness centres and gyms, further subject to a limitation of 50 persons or less;
  • Sports grounds and fields;
  • Swimming pools, further subject to a limitation of 50 persons or less;
  • Beaches and public parks;
  • Museums, galleries, libraries and archives;
  • Personal care services, including hairdressing, beauty treatments, make -up and nails salons and piercing and tattoo parlours;
  • Restaurants, bars, taverns, shebeens, and similar establishments, further subject to a limitation of 50 persons or less;
  • All accommodation establishments and tour operators, subject to a restriction on the number of persons allowed in such establishments to not more than 50 percent of the available floor space, with patrons observing a distance of least one and a half metres from each other: Provided that this percentage may be

The above places that are open to the public are subject to all persons wearing facemasks and strict adherence to all health protocols and social distancing measures as provided for in the directions issued by the relevant Cabinet member, after consultation with the Cabinet member responsible for health. This does not apply to persons undertaking vigorous sporting activities during such activity.

Trade:

  • The sale of liquor by  licensed premises for off -consumption, from 09:00 to 17:00, from Mondays to Thursdays, excluding Fridays, Saturdays,
  • The sale of liquor by licensed premises for on-site consumption is permitted, subject to strict adherence to the curfew contemplated in regulation 50(1).

OHS Measures in the workplace:

● All OHS measures as directed by The Department of Employment and Labour with regard to the level 4 regulations remains in place. All employers must still observe and comply with the OHS and Safety measures with regard to the return to work plans.

Public transport:

  • The resumption of different modes of public transport to cater for the gradual return to work of people, in respect of domestic air travel, rail, bus services, taxi services, e- hailing services and private vehicles.
  • Busses and taxis may not carry more than 70% of the licensed capacity for long-distance travel (long-distance means more than 200 km)
    • For trips shorter than 200 km, they may carry 100% of the licensed capacity.
    • A driver, owner or operator of public transport may not allow any member of the public not wearing a facemask, to board or be conveyed in a public transport owned or operated by him or her.
  • Transport for sale and dispensing of liquor.

What is not allowed?

Visits to:

●          Nightclubs are still closed to the public;

●          All visits by members of the public to:

●          correctional centres;

●          remand detention facilities;

●          police holding cells;

●          military detention facilities;

●          health establishments and facilities, except to receive treatment or                                                    medication, subject to strict adherence to health protocols and;

●     older persons’ residential facilities, except to the extent and in the manner directed by the relevant Cabinet member.

●          International passenger air travel for leisure purposes;

●          Passenger ships for international leisure purposes;

●          Attendance of any sporting event by spectators;

●          International sports events;

●          Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport, Exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education.

●          Passing through all borders except for:

                        ●          the transportation of fuel, cargo and goods

                                    ●          emergency medical attention for a life-threatening                                                                            condition;

                                    ●          the evacuation of a South African national or permanent                                                                  resident to the  Republic;

                                    ●          the repatriation of a foreign national to his or her country of                                                 nationality or   permanent residence;

                                    ●          the return of a South African national or permanent resident                                                            to his or her place of employment, study or residence, outside the Republic;

                                    ●          attend or teach at a school in the Republic, and who are                                                                  allowed entry and exit into and exit from the Republic,

About the Author

Otto Bronkhorst is the National Manager for Training and Research at SEESA. He was admitted as an attorney in September 1991 and has 19 years of experience.