This Government Notice was repealed on 2020-04-29 by Disaster Management Act: Regulations relating to COVID-19.
This is the version of this Government Notice as it was from 25 March 2020 to 25 March 2020. Read the version as it was when it was repealed.
South Africa
Disaster Management Act, 2002
Disaster Management Act: Regulations relating to COVID-19
Government Notice 318 of 2020
- Published in Government Gazette 43107 on 18 March 2020
- Assented to on 17 March 2020
- Commenced on 18 March 2020
- [This is the version of this document as it was from 25 March 2020 to 25 March 2020.]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice R398 of 2020) on 25 March 2020]
- [Repealed by Disaster Management Act: Regulations relating to COVID-19 (Government Notice R480 of 2020) on 29 April 2020]
Chapter 1
[heading inserted by section 2 of Government Notice R398 of 2020]1. Definitions
In these Regulations, unless the context otherwise indicates—"adequate space" means not more than one person per square meter of floor space;"clinical case" means a patient that presents with clinical signs and symptoms of COVID-19;[definition of "clinical case" inserted by section 3(a) of Government Notice R398 of 2020]"Constitution" means the Constitution of the Republic of South Africa, 1996;[definition of "Constitution" inserted by section 3(a) of Government Notice R398 of 2020]"COVID-19" means the Novel Coronavirus (2019-nCov) which is an infectious disease caused by a virus, which emerged during 2019 and was declared a global pandemic by the WHO during the year 2020 that has previously not been scientifically identified in humans;"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);"enforcement officer" includes a member of the South African Police Service, the South African National Defence Force and a peace officer as defined in section 1 of the Criminal Procedure Act;"donor" means an individual, corporation or organisation that is a contributor of cash, kind and/or other assets;"gathering" means any assembly, concourse or procession in or on—(a)any public road, as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996); or(b)any other building, place or premises, including wholly or partly in the open air, and including, but not limited to, any premises or place used for any sporting, entertainment, funeral, recreational, religious, or cultural purposes;[definition of "gathering" substituted by section 3(b) of Government Notice R398 of 2020]"institutions of higher learning" means 'higher education college' and 'higher education institution' as defined in section 1 of the Higher Education Act, 1997 (Act No. 101 of 1997);[definition of "institutions of higher learning" inserted by section 3(c) of Government Notice R398 of 2020]"laboratory confirmed case" means a patient who has been diagnosed with COVID-19 through a Department of Health approved laboratory diagnostic method;[definition of "laboratory confirmed case" inserted by section 3(c) of Government Notice R398 of 2020]"isolation" means separating a sick individual with a contagious disease from healthy individuals without that contagious disease in such a manner as to prevent the spread of infection or contamination;"liquor" means—(a)any liquor product, as defined in section 1 of the Liquor Products Act, 1979 (Act No. 60 of 1989);(b)beer or traditional African beer; or(c)any other substance or drink declared to be liquor under the Liquor Act, 2003 (Act No. 59 of 2003), but does not include methylated spirits;"quarantine" means the restriction of activities or separation of a person, who was exposed, or potentially exposed, to COVID-19 and could be a possible source of the spread of the disease, from other non-exposed persons, in such a manner so as to prevent the possible spread of infection or contamination to healthy individuals;[definition of "quarantine" inserted by section 3(d) of Government Notice R398 of 2020]"national state of disaster" means the national state of disaster declared by Government Notice No. R. 313 of 15 March 2020;"partial care facility" means a facility offering partial care as defined in section 1 of the Children’s Act, 2005 (Act No. 38 of 2005);"quarantine" means separating asymptomatic individuals potentially exposed to a disease from non-exposed individuals in such a manner as to prevent the possible spread of infection or contamination;"school" means a school as defined in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996);[definition of "school" substituted by section 3(e) of Government Notice R398 of 2020]"the Act" means the Disaster Management Act, 2002 (Act No. 57 of 2002)."WHO" means the World Health Organisation.1A. Application of Chapters 1 and 2
2. Release of resources
3. Prevention and prohibition of gatherings
4. Refusal of medical examination, prophylaxis, treatment, isolation and quarantine
5. Places of quarantine and isolation
6. Closure of schools and partial care facilities
Schools and partial care facilities must be closed by 18 March 2020 until 15 April 2020, which period may be extended for the duration of the national state of disaster by the cabinet member responsible.7. Suspension of visits
All visits by members of the public to—8. Limitation on the sale, dispensing or transportation of liquor
9. Emergency procurement procedures
Emergency procurement for institutions is subject to —10. Authority to issue directions
11. Offences and penalties
Chapter 2
[Chapter 2 inserted by section 8 of Government Notice R398 of 2020]11A. Definitions
For purposes of this Chapter, unless the context otherwise indicates -"essential goods" means the goods referred to in paragraph A of Annexure B, as may be amended from time to time by the Cabinet member designated under section 3 of the Disaster Management Act;"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 in paragraph B of Annexure B, as may be amended from time to time;"head of an institution" means the accounting officer of a public institution and the chief executive officer or the equivalent of a chief executive officer of a private institution;"institution" means any public or private institution that is engaged in the supply or distribution of an essential good or service;"lockdown" means the restriction of movement of persons during the period for which this regulation is in force and effect namely from 23H59 on Thursday, 26 March 2020, until 23H59 on Thursday 16 April 2020, and during which time the movement of persons is restricted; and"movement" means entering or leaving a place of residence or, in the case of people not ordinarily resident in the Republic, their place of temporary residence while in the Republic.11B. Restriction on the movement of persons and goods
11C. Prohibition of public transport
11D. Resources by the State during lockdown
11E. Loss or damage
No person is entitled to compensation for any loss or damage arising out of any bona fide action or omission by an enforcement officer under these regulations.11F. Powers and indemnity
These Regulations do not limit any powers or indemnities of security services provided for in any law11G. Offences and penalties
For purposes of this Chapter any person who contravenes regulation 11B(1) and (4), shall be guilty of an offence and, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.[Chapter 2 inserted by section 8 of Government Notice R398 of 2020]12. Commencement
These Regulations come into operation on the date of publication.History of this document
29 April 2020
20 April 2020
16 April 2020
02 April 2020
26 March 2020
25 March 2020 this version
18 March 2020
17 March 2020
Assented to
Cited documents 15
Legislation 15
- Children's Act, 2005
- Constitution of the Republic of South Africa, 1996
- Criminal Procedure Act, 1977
- Disaster Management Act, 2002
- Electronic Communications Act, 2005
- Financial Markets Act, 2012
- Financial Sector Regulation Act, 2017
- Higher Education Act
- Judges Remuneration and Conditions of Employment Act, 2001
- Labour Relations Act, 1995
- Local Government: Municipal Finance Management Act, 2003
- National Payment System Act, 1998
- National Road Traffic Act, 1996
- Public Finance Management Act, 1999
- South African Schools Act, 1996
Documents citing this one 4
Legislation 4
- Declaration of Essential Services for purposes of COVID-19
- Directions to prevent and combat the spread of COVID-19
- Extension dates for Post-School Education and Training (PSET) institutions during the COVID-19 lockdown
- Ministry of Higher Education Science and Innovation: Direction to Prevent and Combat the Spread of COVID-19