2 February 2021
Alert level 3
Adjusted Level 3 regulations as gazetted in Gazette 44044 of 29 December 2020, as amended by Gazette 44051 of 29 December 2020, Gazette 44066 of 11 January 2021 and Gazette 44130 of 1 February 2021.
Movement of persons
33. (1) Every person is confined to his or her place of residence from 23H00 until 04H00 daily, unless a person-
(a) has been granted permission through directions by the relevant Cabinet member or a permit, which corresponds with Form 7 of Annexure A, to perform a service other than a service related to an activity listed under Table 2; or
(b) is attending to a security or medical emergency; or
(c) arrives on a flight or is travelling to or from an airport which necessitates travelling during restricted hours of movement: Provided that the person traveling is in possession of a valid boarding pass as proof of flight or a copy of the airline ticket.
(2) Any person who fails to abide by the curfew referred to in subregulation (1) commits an offence and is, on conviction, liable to a fine or a period of imprisonment not exceeding six months, or to both such fine and imprisonment.
(3) Closing time for the following establishments, whether indoors or outdoors, is 22H00:
(a) cinemas;
(b) theatres;
(c) casinos;
(d) museums, galleries and archives;
(e) public swimming pools;
(f) beaches and public parks;
(g) game parks, botanical gardens, aquariums and zoos;
(h) gyms and fitness centres;
(i) restaurants;
(j) establishments offering wine-tastings and other brew-tastings;
(k) venues hosting auctions; and
(l) venues hosting professional sport.
Opening and closure of schools
33A. The Cabinet member responsible for basic education may by direction contemplated in regulation 4(3), determine the dates on which schools may be opened or closed, as defined in the South African Schools Act. 1996 (Act No.84 of 1996) and any matter related to the management of schools in the basic education sector, to address, prevent and combat the spread of COVID-19 in all schools.
Mandatory protocols when in a public place
34. (1) For the purposes of these Regulations, a 'face mask' means a cloth face mask or a homemade item that covers the nose and mouth, or another appropriate item to cover the nose and mouth.
(2) The wearing of a face mask is mandatory for every person when in a public place, excluding a child under the age of six years, and any person who fails to comply with a verbal instruction by an enforcement officer to wear a face mask, commits an offence and is, on conviction, liable to a fine or a period of imprisonment not exceeding six months, or to both such fine and imprisonment.
(3) No person will be allowed to-
(a) use, operate, perform any service on any form of public transport;
(b) enter or be in a building, place or premises, including government buildings, places or premises, used by the public to obtain goods or services; or
(c) be in any public open space, if he or she is not wearing a face mask.
(4) The prohibition in subregulation (3)(c) shall not apply to a person who undertakes vigorous exercise in a public place, provided that the person maintains a distance of at least one and a half metres from any other person, and subject to directions on what is considered to be vigorous, issued by the Cabinet member responsible for health.
(5) An employer may not allow any employee to perform any duties or enter the employment premises if the employee is not wearing a face mask while performing his or her duties.
(6) Every business premises, including, but not limited to, a supermarket, shop, grocery store, retail store, wholesale produce market or pharmacy shall -
(a) determine their area of floor space in square metres;
(b) based on the information contemplated in paragraph (a), determine the number of customers and employees that may be inside the premises in order to comply with the limitation as provided for in regulation 36(15)(c) of the Regulations and subject to strict adherence to all health protocols and social distancing measures;
(c) take steps to ensure that persons queuing inside or outside the premises are able to maintain a distance of one and a half metres from each other;
(d) provide hand sanitisers for use by the public and employees at the entrance to the premises; and
(e) assign, in writing, an employee or any other suitable person, as the compliance employee, who must ensure -
(i) compliance with the measures provided for in paragraphs (a) to (d); and
(ii) that all directions in respect of hygienic conditions and limitation of exposure to persons with COVID-19 are adhered to.
(7) Any business whose premises exceeds the maximum number of customers and employees determined in subregulation (6) commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.
(8) All employers must, adopt measures to promote physical distancing of employees, including -
(a) enabling employees to work from home or minimising the need for employees to be physically present at the workplace;
(b) the provision for adequate space;
(c) restrictions on face to face meetings;
(d) special measures for employees with known or disclosed health issues or comorbidities, or with any condition which may place such employees at a higher risk of complications or death if they are infected with COVID-19; and
(e) special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.
(9) The requirements as set out in subregulation (6) applies with the necessary changes, to any other building that is not provided for by subregulation (6).
(10) All courier and delivery services shall provide for minimal personal contact during delivery.
(11) All banks as defined in the Banks Act, 1990 (Act No. 94 of 1990) and financial institutions as defined in the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), must-
(a) ensure that all automated teller machines of that bank or financial institution, if any in the case of a financial institution, that is not a bank, have hand sanitisers for use by the public at each automated teller machine; and
(b) take steps to ensure that persons queuing at the automated teller machine maintain a distance of one and a half metres from each other.
Attendance of funerals
35. (1) Attendance of a funeral is limited to a maximum of 50 persons, with persons observing a distance of at least one and a half metres from each other, and if the venue is too small to hold 50 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.
(2) Night vigils are not allowed.
(3) After-funeral gatherings, including "after-tears" gatherings, are not allowed.
(4) During a funeral, a person must wear a face mask and adhere to all health protocols and social distancing measures.
(5) The duration of a funeral is restricted to a maximum of two hours.
Gatherings
36.(1) Every person. when attending a gathering and in order to limit exposure to COVID-19 must -
(a) wear a face mask:
(b) adhere to all health protocols;
(c) maintain a distance of at least one and a half metres from each other; and
(d) adhere to any other health protocols and social distancing measures as provided for in directions issued by the relevant Cabinet member after consultation with the Cabinet member responsible for health.
(2) An owner or operator of any indoor or outdoor facility where gatherings are held must display the certificate of occupancy which sets out the maximum number of persons the facility may hold.
(3) (a) Gatherings at faith-based institutions, are permitted but limited to 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used: Provided that all health protocols and social distancing measures are adhered to as provided for in directions issued by the Cabinet member responsible for cooperative governance and traditional affairs: Provided further that there is strict adherence to the hours of curfew as provided for in regulation 33(1).
(b) All social gatherings are prohibited.
(4) All-
(a) political gatherings: and
(b) traditional council meetings,
are prohibited.
(5) Gatherings at a workplace for work purposes are allowed, subject to strict adherence to all health protocols and social distancing measures.
(6) Gatherings at cinemas and theatres are limited to 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.
(7) Gatherings at casinos are limited to 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.
(8) (a) Gatherings at museums, galleries, libraries and archives are limited to 50 persons or less and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used, subject to the strict adherence to the times of operation provided for in regulation 33(3), and further subject to health protocols and social distancing measures, as set out in directions by the relevant Cabinet member.
(b) Gatherings at sports grounds and fields are prohibited.
(9) All beaches, dams, lakes and rivers, inclusive of all recreational facilities at these places are open to the public: Provided that all health protocols and social distancing measures are adhered to.
(10) All public swimming pools. including recreational facilities at such places, are open to the public subject -
(a) to a limitation of 50 persons or less for indoor facilities and 100 persons or less for outdoor facilities and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used; and
(b) that all health protocols and social distancing measures are adhered to.
(12) (a) Game parks, botanical gardens, aquariums and zoos and other parks where access control measures and entry limitations are already in place, will remain open to the public.
(b) Botanical gardens, aquariums and zoos that are open to the public shall-
(i) be open between 09H00 and 18H00; and
(ii) be monitored for compliance with all health protocols, wearing of face-masks and social distancing measures.
(c) Game parks that are open to the public shall-
(i) be open between 06H00 and 18H00; and
(ii) be monitored for compliance with all health protocols. wearing of face-masks and social distancing measures.
(13) Gatherings at public parks are not permitted.
(14) Gatherings at gyms and fitness centres are limited to 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used.
(15) Gatherings at the following places are allowed, subject to the limitations set out below -
(a) restaurants, subject to a maximum of 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used, subject further to strict adherence to the times of operation provided for in regulation 33(3), 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;
(b) (i) hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses are allowed full capacity of the available rooms for accommodation, with patrons observing a distance of at least one and a half metres from each other when in common spaces; and
(ii) conferencing, dining and entertainment facilities are subject to a limitation of a maximum of 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold 50 persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used; and
(c) every business premises, including but not limited to supermarkets,shops, grocery stores, produce markets and pharmacies, are subject to
a limitation of 50 percent of the floor space, which includes customers and employees, and subject to strict adherence to all health protocols, social distancing measures.
(16) Gatherings at auctions are allowed, subject to a maximum of 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used and further, subject to strict adherence to all health protocols, social distancing measures and directions issued by the relevant Cabinet member, in consultation with the Cabinet member responsible for health.
(17) Sporting activities, including both professional and non-professional matches, by recognised sporting bodies are allowed, subject to strict adherence to the times of operation as provided for in regulation 33(3) and the following:
(a) Directions for sports matches issued by the Cabinet member responsible for sport after consultation with the Cabinet member responsible for health;
(b) only journalists, radio, television crew. security personnel, emergency medical services, and the necessary employees employed by the owners of the venue of the sport match. are allowed at the venue of the sport match;
(c) only the required number of players, match officials. support staff and medical crew required for the sport match. are allowed at the venue of the sport match;
(d) no spectators are allowed at the venue of the sports match; and
(e) international sport events involving countries with a low or medium COVID-19 infection and transmission rate are allowed.
(18) An enforcement officer must, where a gathering in contravention of the regulations 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, 1977 (Act No. 51 of 1977), include the arrest and detention of any person at the gathering.
Eviction and demolition of places of residence
37. (1) A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.
(2) A competent court may suspend or stay an order for eviction or demolition contemplated in subregulation (1) until after the lapse or termination of the national state of disaster unless the court is of the opinion that it is not just or equitable to suspend or stay the order having regard, in addition to any other relevant consideration, to-
(a) the need, in the public interest for all persons to have access to a place of residence and basic services to protect their health and the health of others and to avoid unnecessary movement and gathering with other persons:
(b) any restrictions on movement or other relevant restrictions in place at the relevant time in terms of these Regulations;
(c) the impact of the disaster on the parties;
(d) the prejudice to any party of a delay in executing the order and whether such prejudice outweighs the prejudice of the persons who will be subject to the order:
(e) whether any affected person has been prejudiced in their ability to access legal services as a result of the disaster;
(f) whether affected persons will have immediate access to an alternative place of residence and basic services;
(g) whether adequate measures are in place to protect the health of any person in the process of a relocation;
(h) whether any occupier is causing harm to others or there is a threat to life; and
(i) whether the party applying for such an order has taken reasonable steps in good faith, to make alternative arrangements with all affected persons, including but not limited to payment arrangements that would preclude the need for any relocation during the national state of disaster.
(3) A court hearing an application to authorise an eviction or demolition may, where appropriate and in addition to any other report that is required by law, request a report from the responsible member of the executive regarding the availability of emergency accommodation or quarantine or isolation facilities pursuant to these Regulations.
Rental housing
38. (1) During the national state of disaster, the Rental Housing Tribunals established under the Rental Housing Act, 1999 (Act No. 50 of 1999) -
(a) must determine fair procedures for the urgent hearing of disputes; or
(b) may grant an urgent ex parte spoliation order including to restore the occupation of a dwelling or access to services provided that an affected party may, on 24 hours' notice, require that a hearing be promptly convened.
(2) During the national state of disaster and without derogating from the protections afforded by the Rental Housing Act, 1999 or any provincial unfair practice regulation in place or the duty to consider the interests of both the landlord and tenant on a just and equitable basis, the following conduct is presumed to be an unfair practice for purposes of the Act:
(a) The termination of services in circumstances where -
(i) the landlord has failed to provide reasonable notice and an opportunity to make representations;
(ii) the landlord has failed, reasonably and in good faith. to make the necessary arrangements including to reach an agreement regarding alternative payment arrangements, where applicable; or
(iii) no provision has been made for the ongoing provision of basic services during the national state of disaster.
(b) The imposition of any penalty for the late payment of rental where the default is caused by the disaster, whether or not the penalty takes the form of an administrative charge or any other form other than interest.
(c) The failure of a landlord or tenant to engage reasonably and in good faith to make arrangements to cater for the exigencies of the disaster.
(d) Any other conduct prejudicing the ongoing occupancy of a place of residence, prejudicing the health of any person or prejudicing the ability of any person to comply with the applicable restrictions on movement that is unreasonable or oppressive having regard to the prevailing circumstances.
(3) Where the protections afforded by any Unfair Practice Regulations in force in any province are greater than those provided in this regulation, the provisions of the provincial Unfair Practice Regulations shall apply.
(4) The Cabinet member responsible for human settlements must, after consulting with the Rental Housing Tribunals, issue directions disseminating information about the manner in which the Tribunals will conduct their proceedings during the national state of disaster including, but not limited to-
(a) the manner in which Tribunals will facilitate expeditious access to any aggrieved person; and
(b) the convening of remote hearings or the convening of hearings at any suitable place.
Places and premises closed to the public
39.(1) Night clubs are closed to the public.
(2) The Cabinet member responsible for cooperative governance and traditional affairs may, by directions, determine a place or premises that must be closed, if there is a risk of any members of the public being exposed to COVID-19 at such a place or premises.
Initiation practices
40. (1) Initiation practices are prohibited nationally except for remaining new initiates in the Eastern Cape Province, who will be allowed to complete initiation school.
(2) Where initiation practices are prohibited -
(a) a person may not arrange or hold an initiation school or conduct an initiation practice;
(b) a prospective initiate may not attend an initiation school;
(c) an owner of land may not provide consent for the use of his or her land for the holding of an initiation school; and
(d) a traditional surgeon or medical practitioner may not perform circumcision as part of an initiation practice.
(3) (a) Where initiation practices are allowed for remaining new initiates, there must be strict adherence to all health protocols and social distancing measures as provided for in directions issued by the relevant Cabinet member after consultation with the Cabinet member responsible for health.
(b) All post-initiation celebrations ("imigidi') are prohibited.
(4) The National House of Traditional Leaders and provincial houses of traditional leaders must take steps to ensure that traditional leaders are aware of the content of this regulation.
(5) Failure to adhere to these regulations and any directions that are issued in respect of initiation schools, will result in the closure of initiation schools by the relevant authorities.
Controlled visits by members of the public
41. All visits by members of the public to-
(a) correctional centres;
(b) remand detention facilities;
(c) police holding cells;
(d) military detention facilities:
(e) health establishments and facilities, except to receive treatment or medication, subject to strict adherence to health protocols; and
(f) older persons' residential facilities,
are prohibited except to the extent and in the manner directed by the relevant Cabinet member.
Closure of borders
42. (1) Subject to subregulation (2), all land ports of entry of the Republic are closed, until 15 February 2021, including the ports of entry which were opened under Alert level 1, except for ports of entry designated by the Cabinet member responsible for home affairs issuing directions.
(2) For purposes of subregulation (1), the Cabinet member responsible for home affairs, or a person designated by him or her, may allow entry into or exit from the Republic through land ports of entry for-
(a) the transportation of fuel, cargo and goods;
(b) emergency medical attention for a life- threatening condition, with proof of such treatment, until 15 February 2021 and proof of such treatment must be presented to the Port Manager at the port of entry.
(c) the return of a-
(i) South African national:
(ii) permanent resident to the Republic:
(iii) person with a long -term residence visa;
(iv) spouse with a visa;
(v) child or children with visas:
(vi) person with a work visa; and
(vii) holder of a business visa,
to the Republic;
(d) funeral purposes for family members in the first degree of kinship to the deceased person;
(e) diplomats;
(f) the deportation of foreign nationals;
(g) the departure of a foreign national to his or her country of nationality or permanent residence;
(h) the departure of a South African national, or permanent resident to the Republic to his or her place of employment, study or residence, outside the Republic;
(i) daily commuters from neighbouring countries who attend school in the Republic, and who are allowed entry and exit into and from the Republic, subject to compliance with protocols relating to-
(i) screening for COVID-19 and quarantine or isolation, where necessary:
(ii) wearing of a cloth face mask or a homemade item that covers the nose and mouth when in a public place. or another appropriate item to cover the nose and mouth;
(iii) transportation; and
(iv) sanitisation and social distancing measures as per the relevant health protocols on safety and prevention of the spread of COVID-19; or
(j) any other exceptions and conditions as may be determined by the relevant Cabinet member by directions.
(3) A person may apply for emergency travel which is not specifically referred to in subregulation (2), can be applied for by applying to the Cabinet member responsible for home affairs at covid19exceptions@dha.gov.za.
(4) (a) International air travel is restricted to the following airports -
(i) OR Tambo International Airport;
(ii) King Shaka International Airport: and
(iii) Cape Town International Airport.
(b) Long-haul flight departures and landings at the airports listed in paragraph (a) are permitted during the hours of curfew as provided for in regulation 33(1).
(c) All international travellers arriving at the airports listed in paragraph (a) must provide a valid certificate of a negative COVID-19 test, recognised by the World Health Organisation, which was obtained not more than 72 hours before the date of travel.
(d) In the event of the traveller's failure to submit a certificate as proof of a negative COVID-19 test, the traveller will be required to do an antigen test on arrival at his or her own cost and in the event of a traveller testing positive for COVID-19, he or she will be required to isolate him or herself at his or her own cost, for a period of 10 days.
(5) Transit by land is prohibited and such travel is confined to air travel.
(6) All commercial seaports will remain open and small crafts will be allowed entry into seaports. in -line with all health and border law enforcement protocols.
(7) (a) Foreign nationals in the Republic with visas that have expired and were automatically extended to 31 January 2021. due to their inability to travel during the lockdown due to COVID-19, will have their visas automatically extended to 31 March 2021.
(b) A foreign tourist who arrived in the Republic prior to the commencement of this regulation. will have his or her visa automatically extended to 31 March 2021.
Transportation of cargo [added on 11 January 2021]
42A. (1) Rail, ocean. air and road transport is permitted for the movement of cargo to and from other countries and within the Republic, subject to national legislation and any directions issued in terms of subregulation (2), for the transportation of goods for export and for import.
(2) The Cabinet member responsible for trade, industry and competition may. after consultation with the Cabinet members responsible for transport and finance, issue directions that provide for the management, administration and prioritisation of exports or imports, taking into account the need to prevent and limit the spread of COVID-19 and to deal with the destructive and other effects of the COVID-19 pandemic.
(3) The Cabinet member responsible for transport may, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs, trade, industry and competition, health, justice and correctional services, finance and public enterprises, issue directions relating to health protocols applicable to sea cargo operations and air freight operation.
Public transport
43. (1) For purposes of this regulation "long distance travel" is a trip of 200 km or more.
(2) The Cabinet member responsible for transport must, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs, health, police, trade, industry and competition, and justice and correctional services. issue directions for the resumption of different modes of public transport to cater for the gradual return to work of people, in respect of-
(a) domestic air travel;
(b) rail, bus services, taxi services;
(c) e-hailing services; and
(d) private vehicles.
(3) Bus and taxi services -
(a) may not carry more than 70 percent of the licensed capacity for long distance travel; and
(b) may carry 100 percent of the licensed capacity for any trip not regarded as long distance travel in terms of subregulation (1).
(4) A driver, owner or operator of public transport may not allow any member of the public who is not wearing a face mask, to board or be
conveyed in a public transport owned or operated by him or her.
(5) The directions to be issued by the Cabinet member responsible for transport must set out the health protocols that must be adhered to and the steps to be followed for the limitation of the exposure of members of the public using public transport to COVID-19.
Sale, dispensing, distribution and transportation of liquor
44.(1) The sale of liquor -
(a) by a licensed premises for off -site consumption, is permitted from 10h00 to 18h00, from Mondays to Thursdays, excluding Fridays, Saturdays, Sundays and public holidays; and
(b) by a licensed premises for on-site consumption is permitted, from 10h00 to 22h00.
(2) The provisions of subregulation (1)(a) do not apply to duty-free shops, registered wineries, wine farms. micro-breweries and micro-distilleries.
(3) The consumption of liquor in public places. except in licensed on-site consumption premises, is prohibited.
(4) Registered wineries, wine farms, micro-breweries and micro-distilleries may continue to operate in offering wine-tastings and other brew-tastings and the selling of wine and other brews to the public for offsite consumption is permitted, subject to strict adherence to the curfew provided for in regulation 33(1) and regulation 33(3) and strict adherence to social distancing measures and health protocols.
(5) The transportation of liquor is permitted.
(6) The sale and consumption of liquor in contravention of subregulations (1) and (3) is an offence.
Operation of economic sector
45. (1) Businesses may operate except for those set out in Table 2.
(2) Relevant health protocols and social distancing measures for persons employed in private residences must be adhered to.
(3) Relevant health protocols and social distancing measures set out in directions must be adhered to, in addition to the occupational health and safety directions issued by the Cabinet member responsible for employment and labour, and applicable labour legislation.
(4) (a) Firms must adhere to any sector -specific health protocols intended to limit the spread of COVID-19 in the sector concerned.
(b) Sector-specific health protocols may address matters such as work rotation, staggered working hours, shift systems, remote working arrangements, special measures affecting persons with greater vulnerabilities or similar measures. in order to achieve social distancing, protect employees or limit congestion in public transport and at the workplace.
(c) Sector-specific health protocols where these are still to be developed, must be developed and issued by Cabinet members responsible for a sector in consultation with the Cabinet member responsible for health.
