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Centre for Human Rights COVID-19 Response

South Africa - A. Nature and description of emergency COVID-19 measures

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Emergency A. Nature and description of emergency COVID-19 measures

The framework that South Africa has adopted in response to the COVID-19 pandemic can be categorised as: Disaster Management Act, Disaster Management Regulations, Disaster Management Directions and Disaster Management Guidelines & Notices.

  • Disaster Management Act
    The Disaster Management Act 2002, was enacted to provide for an integrated and co-ordinated disaster management policy that focuses on preventing or reducing the risk of disasters, mitigating the severity of disasters, emergency preparedness, rapid and effective response to disasters and post-disaster recovery; the establishment of national, provincial and municipal disaster management centres; disaster management volunteers; and matters incidental thereto. Under section 27 of the Disaster Management Act, the minister designated by the President to administer the Act may declare a national state of disaster, in the event of a national disaster if existing legislation and contingency arrangements do not adequately provide for the national executive to deal effectively with the disaster: or other special circumstances warrant the declaration of a national state of disaster.

    On 15 March 2020, the Head of the National Disaster Management Centre after assessing the potential magnitude and severity of the COVID-19 pandemic in South Africa classified the Covid-19 pandemic as a national disaster in terms of section 23(1)(b) of the Disaster Management Act, 2002. On the same day, the Minister of Cooperative Governance and Traditional Affairs (being the minister designated by the President to administer the Act in terms of section 3 of the Disaster Management Act) declared a national state of disaster. On 13 July 2020, the duration of the national state of disaster was extended by the Minister of Cooperative Governance and Traditional Affairs to 15 August 2020.

  • Alert Level 4 Lockdown Regulations-29 April 2020
    The Alert Level 4 Regulations was issued by Minister of Cooperative Governance and Traditional Affairs on 29 April 2020. The regulation repealed the Regulations issued in terms of section 27(2) of 18 March 2020 and the subsequent amendments to the regulations. However, the regulations preserved the validity of existing directions issued under the repealed regulations. The regulation improved on the provisions of the Regulations issued in terms of section 27(2) of 18 March 2020 to create a more nuanced set of regulations to curtail the escalation of the COVID-19 and to alleviate, contain and minimise the effects of the virus and gradually ease back personal and business activities within some sectors of the economy. The regulations introduced a new chapter 3 titled ‘alert level 4.’ Under this chapter, movement of persons is allowed for walking, running or cycling between the hours of 06H00 to 09H00 within a five kilometer radius of their residence. The regulation imposed a curfew from 20H00 to 05H00 daily and restricted movement between provinces, metropolitan areas and districts. However, the regulation allowed for movement of children between co-holders of parental responsibilities and rights of a caregiver in the same metropolitan area or district municipality. The regulation allowed for controlled visits by members of the public to Correctional Centres, Remand Detention Facilities, Police Holding Cells, Military Detention Facilities, Health Establishments and Facilities, and Facilities controlled or managed by the Department of Social Development. The regulation allows a competent court to grant an eviction order provided that the order of eviction shall be stayed and suspended until the last day of alert level 4.

    The regulation generally prohibited the sale of tobacco products, e-cigarettes and related products; sale dispensation or transportation of liquor. The regulation generally prohibited gathering and also provided for the closure of any place or premises that are open to the public where people may gather.  The regulation also mandated industries, businesses and entities which are permitted to operate to designate a COVID-19 compliance officer to ensure compliance with the regulations and other relevant directives. Alert level 4 was in place from 1 to 31 May 2020.

  • Alert Level 3 Lockdown Regulations-28 May 2020
    The above regulations introduced a new chapter four to the regulations, signaling the beginning of level 3 of the COVID-19 phase. The regulations introduced a new chapter four which generally allows for more flexibility in the movement of persons and allowed for exercises that are not organized in groups between the hours of 06h00 to 18h00. The regulations also eased prohibition on gatherings by allowing for gatherings at faith-based institutions to a maximum of 50 persons; funeral subject to regulation 35; work place for work purposes; agricultural auction; and professional non-contact sports match. The regulation permitted the sale and dispensation of liquor from Monday to Thursday, between 09h00 and 17h00. The regulations however prohibited the sale of tobacco, e-cigarettes and other related products. 

  • Alert Level 3 Lockdown Regulations amendment-25 June 2020
    On 25 June 2020, Alert Level 3 Lockdown Regulations was amended to allow for movement of persons to travel for leisure purposes as allowed under Alert level 3. 

  • Alert Level 3 Lockdown Regulations amendment-12 July 2020
    On 12 July 2020, Alert Level 3 Lockdown Regulations was amended. The amendments mandated the wearing of face masks by every person when in a public place. It also mandated employers to provide employees with a cloth face mask when in the work place and take measures to promote physical distancing of employees. The regulation also prohibited the sale, dispensing and distribution of liquor. 

  • Alert Level 3 Lockdown Regulations amendment-31 July 2020
    On 31 July 2020, further amendments were made to Alert Level 3 Lockdown to ease the curfew on movement of persons. The new time restriction was from 22H00 until 04h00 the next day. The amendment also allowed for gatherings for sporting activities including contact sport matches subject to directions for sports matches.

  • Consolidated Regulations Disaster Management Act (Regulations)-17 April 2020
    The Consolidated Regulations Disaster Management Act (Regulations) was issued by the Minister of Cooperative Governance and Development on 16 April, 2020. The regulation consolidated all the amendments made on 25 March, 26 March, 2 April and 16 April 2020 to the regulations issued in terms of section 27(2) of the National Disaster Management Act on 18 March 2020. 

  • Disaster Management Act, 2002: Amendment of regulations issued in terms of section 27(2) (Regulations)-25 March 2020
    The Disaster Management Act, 2002: Amendment of regulations issued in terms of section 27(2) was issued by the Minister of Cooperative Governance and Development in consultation with the Minister of Health on 25 March 2020. The regulation made amendments to certain sections of the Disaster Management Act, 2002: Regulations issued in terms of section 27(2). The amendment introduced new definitions like “clinical case”, “constitutions”, “gathering”, “institutions of higher learning” etc. The amendment extended the application of chapter 2 of the regulation from 26 March 2020 to 16 April 2020. The amendment also empowered a member of the Provincial Executive Council to compel the transfer of persons to isolation or quarantine facility upon an order of a magistrate. The most important amendments were made by the expansion of chapter 2 of the regulation, particularly regulation 11. The regulation defined “essential goods”, “essential services”, “head of an institution”, “lockdown” and “movement”. It restricted the movement of goods and persons during the lockdown and prohibited all form of gathering except for funeral. It also ordered the closure of all businesses, entities, retail shops and malls, except for business and entities that are involved in the manufacturing, supply and provision of an essential good or service. The amendment also introduced a new regulation 11(c) that placed prohibition on public transport except for transportation for purposes of rendering essentials services, obtaining essential goods, seeking medical attention, funeral services, and to receive payment of grant. The vehicle used for transportation is however restricted to 50% of the capacity of the vehicle. Regulation 11(e) prevents people from being entitled to any loss or damage arising out of any bona fide action or omission by an enforcement officer under the regulation. The amendment included annexures in the form of an application before a magistrate for an order for a person to go to a site of isolation, quarantined facility, or for a person to go for medical examination; categorisation of essential goods and services during lockdown; permit to perform essential service during lockdown, and a detailed list of places and premises closed to the public.  

  • Disaster Management Act, 2002: Amendment of regulations issued in terms of section 27(2) (Regulations)-26 March 2020
    The regulation was issued by the Minister of Cooperative Governance and Development in consultation with the Minister of Health on 26 March 2020. This regulation made further amendments to the Disaster Management Act, 2002: Regulations issued in terms of section 27(2) (Regulations). The amendment allowed the continuation of businesses that can be remotely provided by a person from their formal place of residence. The amendment also deleted regulation 11(e) that prohibits individual from getting compensation for loss or damages arising from the enforcement of the regulation.

  • Disaster Management Act:
    Regulations issued in terms of section 27 of the National Disaster Management Act

  • Declaration of a national state of disaster
    The Declaration of a national state of disaster was issued by the Minister of Cooperative Governance and Traditional Affairs on 15 March 2020 in response to the COVID-19 outbreak in South Africa. The declaration was issued by the Minister pursuant to section 27 of the South African Disaster Management Act.

  • Disaster Management Act, 2002: Regulations issued in terms of section 27(2) (Regulations) 
    The Disaster Management Act, 2002: Regulations issued in terms of section 27(2) (Regulations) was issued by the Minister of Cooperative Governance and Traditional Affairs on 18 March 2020. The regulation set out steps that are necessary to prevent and curtail the escalation of the COVID-19 and to alleviate, contain and minimise the effects of the virus. The regulation placed prohibitions on gatherings; limitations on the sale, dispensing or transportation of liquor; closed schools and partial care facilities; suspended visits to places of incarcerations; and empowered Ministers to make necessary directions to address, prevent and combat the spread of COVID-19 in their respective ministerial institutions.

  • Disaster Management Act, 2002: Amendment of regulations issued in terms of section 27(2) (Regulations)-2 April 2020
    The regulation was issued by the minister on 2 April 2020 to include measures on contact tracing into regulations issued in terms of section 27(2). The amendment created a COVID-19 tracing database and empowered the department of health to develop and maintain a national database to enable the tracing of persons who are known or reasonably suspected to have come into contact with any persons known or reasonably suspected to have contracted COVID-19. The amendment also established the office of the COVID-19 designated Judge. The Director-General of Health is required to file a weekly report with the COVID-19 Designated Judge setting out the names and details of all persons whose location or movements were obtained in terms of the regulations. The COVID-19 Designated Judge may make such recommendations to the Cabinet members responsible for cooperative governance and traditional affairs, health and justice and correctional services as he or she deems fit regarding the amendment or enforcement of this regulation in order to safeguard the right to privacy while ensuring the ability of the Department of Health to engage in urgent and effective contact tracing to address, prevent and combat the spread of COVID-19. Within six weeks after the national state of disaster has lapsed or has been terminated, the information on the COVID-19 Tracing Database shall be de-identified; the de-identified information on the COVID-19 Tracing Database shall be retained and used only for research, study and teaching purposes. All information on the COVID-19 Tracing Database which has not been de-identified shall be destroyed; and the Director-General of health shall file a report with the COVID-19 Designated Judge recording the steps taken with respect to de-identifying and destroying the information in the COVID-19 database.

  • Disaster Management Act, 2002: Amendment of regulations issued in terms of section 27(2) (Regulations)-16 April 2020
    The regulation was issued by the Minister of Cooperative Governance and Development in consultation with the relevant cabinet members on 16 April 2020. The regulation introduced further amendments to the regulations issued in terms of section 27(2) of the Disaster Management Act. The regulation laid the foundation for the risk-adjusted measures in order to enable a phased recovery of the economy, allowing the return to operation of certain sectors under strictly controlled conditions. The amendment introduced a new chapter four to the regulations. Chapter 4 of the regulation allowed collieries that supply ESKOM and refineries to operate at full capacity. The chapter also allowed mining operation to continue at a maximum capacity of 50%. 

  • Consolidated Regulations Disaster Management Act (Regulations): Amendment of regulations issued in terms of section 27(2) (Regulations)-20 April 2020
    This amendment issued on 26 March 2020 introduced changes to annexure B of the Consolidated Regulations issued under the Disaster Management Act by excluding cooked hot food from the definition of food categorized as essential goods and services.

  • Alert Level 2 Lockdown Regulations
    On 17 August 2020, the Minister of Cooperative Governance and Traditional Affairs issued the alert level 2 lockdown regulations. The regulations made amendments to the alert level 3 lockdown regulations and eased restrictions on the movement and gathering amongst other issues. Notably, the regulations allowed for the sale of liquor by a licensed premises for off-consumption, from 09h00 to 17h00, from Mondays to Thursdays, excluding Fridays, Saturdays, Sundays and public holidays. The regulations also generally permitted sale of liquor by licensed premises for on-site consumption. 

  • Other Regulations
    In addition to the regulations issued by the Minister of Cooperative Governance and Traditional Affairs, the following regulations have been issued by other members of the Cabinet:

  • Regulations issued in terms of sections 80(1)(g) of National Ports Act, 2005 (Act No. 12 of 2005)
    The regulations was issued by the Minister of Transport under sections 80(1)(g) of the National Ports Act, 2005 (Act No. 12 of 2005) on 18 March 2020 for the prohibition of embarkation and disembarkation of certain persons at South African sea ports; improved hygiene control and sterilization facilities on ships, sea ports, port facilities operated by licensed operator, off-shore cargo handling facility, port repair facilities, provider of port services, port terminals, terminal operations and in licensed port operations; implementation of a tracking, tracing and monitoring system at sea port; reporting; and prohibition of holding of mass gatherings of more than 100 people in sea ports.

  • International Air Service (COVID-19 Restrictions on the movement of air travel) Regulations, 2020
    The regulation was issued by the Minister of Transport on 18 March 2020 for the: prohibition of embarkation and disembarkation of foreign nationals at international airports designated as ports of entry; improved hygiene control and disinfection facilities on international airports designated as ports of entry operated by licensed airport operator, cargo handling facility, airports repair facilities, provider of airports maintenance or services, airport terminals, terminal operations and in licensed airports operations; implementation of a tracking, tracing and monitoring system at airports and reporting; and prohibition of holding of mass gatherings in and around airports.

  • COVID-19 Block Exemption for the Healthcare Sector 2020 (Regulations)
    The regulation was issued by the Minister of Trade and Industry on 19 March 2020 to exempt a category of agreements or practices in the healthcare sector from the application of sections 4 and 5 of the Competition Act No. 89 of 1998, as amended for the purpose of: promoting concerted conduct to prevent an escalation of the national disaster and to alleviate, contain and minimise the effects of the national disaster; and promoting access to healthcare, preventing exploitation of patients, enabling the sharing of healthcare facilities, management of capacity and reduction of prices. 

  • Consumer and Customer Protection and National Disaster Management Regulations and Directions
    The regulation was made by the Minister of Trade and Industry on 19 March 2020 to protect consumers and customers from unconscionable, unfair, unreasonable, unjust or improper commercial practices during the COVID-19 period.

  • Expansion of the Scope of COVID-19 Block Exemption for the Healthcare Sector 2020 (Regulations)
    The Expansion of the Scope of COVID-19 Block Exemption for the Healthcare Sector, 2020 (Regulations)was issued on 8 April 2020 by the Minister of Trade, Industry and Competition on 8 April 2020. The regulation included manufacturers of medical and hygiene supplies as a further category of agreements or practices in the healthcare sector from the application of sections 4 and 5 of the Competition Act No. 89 of 1998, as amended for the purpose of: promoting concerted conduct to prevent an escalation of the national disaster and to alleviate, contain and minimise the effects of the national disaster; and promoting access to healthcare, preventing exploitation of patients, enabling the sharing of healthcare facilities, management of capacity and reduction of prices.

  • Regulations on Competition Tribunal Rules for COVID-19 excessive pricing complaint referrals
    The Regulations on Competition Tribunal Rules for COVID-19 excessive pricing complaint referrals was issued by the Minister of Trade, Industry and Competition on 3 April 2020 to ensure the enforcement of regulation 4 of the Consumer and Customer Protection and National Disaster Management Regulations and Directions. The regulation provides for rules regulating complaint referrals for alleged contraventions of section 8(1)(a) of the Competition Act No. 89 of 1998, as amended read with Regulation 4 of the Consumer Protection Regulations during the period of declaration of the National State of Disaster and lockdown period. The Regulation allows a complaint referral for an alleged contravention of section 8(1)(a) of the Act read with Regulation 4 of the Consumer Protection Regulations to be dealt with by the Competition Tribunal on an urgent basis.

  • COVID-19 Block Exemption for the Banking Sector 2020
    The Block Exemption for the Banking Sector, 2020 was issued by the Minister of Trade and Industry on 23 March 2020 to exempt a category of agreements or practices between Banks, Banking Association of South Africa and/or Payments Association of South Africa from the application of sections 4 and 5 of the Competition Act, 1998 in response to the declaration of COVID-19. The exemption will enable the banking sector to minimise the negative impact on the ability of customers, including both business and private individuals, to manage their finances during the covid-19, and be in a position to continue normal operations beyond the COVID-19 period. The exemption also intends to enable the banking sector to manage the banking infrastructure, including the payment infrastructure, ATMs and branches. On 5 May 2020, the Regulation was amended by the Expansion of the Scope of COVID-19 Block Exemption for the Banking Sector, 2020.

  • COVID-19 Block Exemption for the Retail Property Sector, 2020
    The Block Exemption for the Retail Property Sector, 2020 was issued by the Minister of Trade and Industry on 24 March 2020. The purpose of the Block Exemption for the Retail Property Sector, 2020 is to exempt a category of agreements or practices between designated retail tenants and the retail property landlords from the application of sections 4 and 5 of the Competition Act, 1998 to enable the retail property sector to minimise the negative impact on the ability of designated retail tenants, including small independent retailers, to manage their finances during the COVID-19 and be in a position to continue normal operations beyond the COVID-19.

  • COVID-19 Block Exemption for the Hotel Industry 2020
    The COVID-19 Block Exemption for the Hotel Industry, 2020 was issued by the Minister of Trade, Industry and Competition on 27 March 2020 to exempt a category of agreements or practices in the hotel industry from the application of sections 4 and 5 of the Competition Act of 1998 (No. 89 of 1998), as amended. The exemption allows the hotel industry to collectively engage with the Department of Health and the Department of Tourism in respect of identifying and providing appropriate facilities for persons placed under quarantine, as determined by the Department of Health.

  • COVID-19 Export Control Regulation
    The COVID-19 Export Control Regulation was issued by the Minister of Trade, Industry and Competition on 27 March 2020 to amend the regulations promulgated in Government Gazette No 35007 Notice No. R. 92 of 10 February 2012. The amendment prohibits the exportation of goods described in schedules 1, 2, 3 and 4 from the Republic of South Africa except by virtue of an export permit issued in terms of section 6 of the International Trade Administration Act, 2002.

  • Local Government: Municipal Finance Management Act, 2003 - Exemption from Act and Regulations
    The Local Government: Municipal Finance Management Act, 2003 - Exemption from Act and Regulations was issued by the Minister of Finance on 30 March 2020. The Local Government: Municipal Finance Management Act, 2003-Exemption from Act and Regulations exempts municipalities and municipal entities from a provision of the Act which requires any action to be taken between the date of publication of the regulations and the date that the national state of disaster lapses or is terminated in terms of section 27(5) of the Disaster Management Act, 2002. Municipalities and municipal entities are however required to take the required action under the Act within 30 days after the national state of disaster lapsed or is terminated. Municipal Councils may also pass a special adjustment budget before the end of the 2019/2020 municipal financial year to authorise all expenditure linked to the emergency to address the COVID-19 pandemic. 

  • Public Finance Management Act, 1999: Exemption from Act and Regulations
    The Public Finance Management Act, 1999:Exemption from Act and Regulations was issued by the Minister of Finance on 31 March 2020. The regulation exempts institutions to which the Public Finance Management Act, 1999 (Act No. 1 of 1999), or any regulation made thereunder applies. The relevant functionary or institution is exempted, for the 2019/2020 financial year, from complying with the deadlines in--sections 8(1)(b), 8(5), 19(1)(b), 19(5), 40(1)(c), 40(1)(d), 55(1)(c), 55(1)(d) and 65(2) of the Act; and a regulation made or instruction issued in terms of section 76 of the Act which is associated with the provisions referred to in the relevant sections.

  • The ICT COVID-19 National Disaster Regulations
    The ICT COVID-19 National Disaster Regulations was issued by the Independent Communications Authority of South Africa in terms of section 4(3)(j) of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000) and sections 4(1) and (7)(b) of the Electronic Communications Act, 2005 (Act No. 36 of 2005), as amended. The purpose of the regulation is to facilitate the dissemination of information required for dealing with the COVID-19; enable the facilitation of the national response to the National Disaster and post-disaster recovery and rehabilitation; enable implementation of measures that may be necessary to prevent an escalation of the National Disaster or to alleviate, contain and minimise the effects of the National Disaster; and ensure that there is continuation of the provision of services in the Republic. The regulation set the performance period for both sound and television broadcasting in South Africa from 07h00 to 21h00 and the percentage of programme syndication at a maximum of forty five percent (45%) per week of a broadcasting service licensee’s programming. The regulation suspended the requirement for licensees to submit programming logs and recordings to the Independent Communications Authority quarterly is suspended. Licensees are however still required to keep the requisite programming logs for submission at the Independent Communications Authority’s request. The regulation made provisions for Television Broadcasting Services to Persons with Disabilities. Television broadcasting service licensees, excluding community television broadcasting service licensees, are required to use sign language interpretation in at least fifty percent (50%) of news broadcasts between 07h00 and 10h00 and 18h00 and 21h00 on a weekly basis. For the entire duration of the National State of Disaster, Television broadcasting service licensees, excluding community television broadcasting service licensees, shall ensure that broadcast coverage of all media briefings by the National Command Council include a sign language interpreter. On 5 May 2020, the ICT COVID-19 National Disaster Regulations was amended by the Amended ICT regulations.

  • South Africa Draft Framework on Risk Adjusted Strategy
    The Risk Adjusted Strategy Framework is the framework that is adopted to bring different sectors of the South African economy back to work during the different phases/levels (level 5 to level 1) of the COVID-19 pandemic. The Risk Adjusted Strategy also called on sectors and business organisations/trade unions and members of the public to submit comments on the schedule of services to be phased in as per the COVID-19 Risk Adjusted Strategy. The implementation of the Risk Adjusted Strategy began on 1 May 2020.

Disaster Management Directions
Pursuant to the regulations issued in terms of section 27 of the National Disaster Management Act, the following directions have been issued by the relevant cabinet member to regulate the relevant sector and give more clarity to the relevant regulations:

  • Home Affairs Directions issued in terms of regulation 10(8) of the Regulations made under section 27(2) of the Disaster Management Act: Measures to prevent and combat the spread of COVID-19
    The Home Affairs Directions issued in terms of regulation 10(8) of the Regulations made under section 27(2) of the Disaster Management Act: Measures to prevent and combat the spread of COVID-19 was issued by the Minister of Home Affairs on 26 March 2020 to address temporary measures with respect to entry into or exit out of South Africa in order to prevent and combat the spread of the COVID-19. With the exception of foreigners who on or before 15 March 2020 were already in South Africa, the directions withdrew temporary residence visas issued to foreigners residing in high risk countries; the regulation also withdrew visa exemptions for foreigners who are nationals of high risk countries. Under the directions, a foreigner who has been in, or departed from, or transited through a high risk country since 15 February 2020 may not be admitted into South Africa. A South African citizen or permanent resident who departed from or transited through a high risk country since 15 February 2020 must for purposes of admission into South Africa be subjected to prescribed screening or examination procedure as the immigration officer, in consultation with a port health official or medical practitioner may determine, and must be referred for isolation or quarantine, as the case may be.
  • Disaster Management Act: Directions: Courts, court precincts and justice service points 
    The Disaster Management Act: Directions: Courts, court precincts and justice service points restricts access to the court precinct and all justice service points to persons with a material interest in a case such as, litigants, accused, witnesses, those who may be needed to provide support such as those accompanying children, victims of domestic violence or sexual abuse and persons with disabilities, family members, and members of the media. The direction requires the court’s judicial officer concerned to ensure that the number of persons in a room be reduced to comply with safety measures and social distancing requirements. The Court Manager or his or her designee shall ensure that the social distance standard of at least one (1) square meter is maintained in all court rooms and the court precinct. In order to ensure the right to fair hearing, the direction provides that foreign language interpreters, where required during the lockdown, must be sourced from within the Province in which the case is heard and where an interpreter is not available within the Province alternative arrangements for audio -visual interpretation must be made. An accused person arrested for a petty offence must be released and warned to appear in court on a future date. Under the directions, all criminal court cases where accused persons are not incarcerated shall not be placed on the court roll during the lockdown and summonses will be issued for new trial dates.

  • COVID-19 Temporary Relief Scheme, 2020 
    The COVID-19 Temporary Relief Scheme, 2020 was issued by the Minister of Employment and Labour on 25 March 2020. The direction intends to make provision for the Payment of benefits to the Contributors who have lost income due to COVID-19 pandemic; minimise economic impact of loss of employment because of the COVID-19 pandemic; avoid contact and contain the spread of COVID-19 during the process of application for benefit; establish the Temporary Employee/Employer Relief Scheme and set out the application process for benefits of the COVID-19 pandemic and to alleviate economic impact of COVID-19; and to make provision for online applications for benefits in order to avoid contact during the national disaster period. For a company to qualify for the temporary financial relief scheme, it must satisfy the following requirements: the company must be registered with the UIF; the company must comply with the application procedure for the financial relief scheme; and the company's closure must be directly linked to the COVID-19 pandemic. 

  • Court precincts directives
    The court precinct directives was issued by the Chief Justice of the republic of South Africa to prevent the spread of COVID-19 in all Court Precincts. The directive restricted access to court precincts to persons with material interest in a case and anybody with non-material interest can only access the court with the permission of the head of the court.

  • COGTA COVID-19 Disaster Response Directions, 2020
    The COGTA COVID-19 Disaster Response Directions, 2020 was issued by the Minister of Cooperative Governance and Traditional Affair. The directive mandated all Premiers, Members of Executive Councils responsible for local government in the provinces, the President of the South African Local Government Association, all Executive Mayors / Mayors and institutions of Traditional Leadership shall take all reasonable measures to facilitate and implement the: Provision of water and sanitation services; hygiene education, communication and awareness; waste management, cleansing and sanitization; municipal public spaces, facilities and offices; customary initiations and cultural practices; isolation and quarantine; monitoring and enforcement; municipal operations and governance; institutional arrangements and development of COVID-19 response plans; and precautionary measures to mitigate employee health and safety risks, for the duration of the state of disaster for COVID-19.

  • Public Transport Services Directions, 2020
    The Public Transport Services Directions provides measures to improve hygiene control and disinfection facilities on all public transport vehicles and public transport facilities including ranks, terminals and train station. The directives also addressed  the implementation of a monitoring and enforcement system in all public transport facilities

  • Cross-border Road transport Lockdown Directions
    The Cross-border road transport lockdown directions, was issued by the Minister of Transport in terms of in terms of regulation 10(7) of the Regulations issued in terms of the Disaster Management Act, 2002 (Act No. 57 of 2002) on 26 March 2020. The directions provide for measures relating to cross- border road transport to prevent the spread of COVID-19. The directions prohibits cross-border Road Passenger transport for the duration of lockdown. The directions permit cross-border freight movement to and from neighbouring countries to South Africa.

  • Directions on Preventative Measures in the Railway Operations (COVID-19 Control Measures on the Operations by Rail)
    The Directions on Preventative Measures in the Railway Operations (COVID-19 Control Measures on the Operations by Rail) was issued by the Minister of Transport on 26 March 2020. The purpose of the regulation is to provide for measures to prevent and mitigate the risks associated with COVID-19 relating to: facilities at rail stations, exchange yards, depots, sidings, rail terminals, loading facilities, hand -over points and railway maintenance depots; rail passengers, contractors, commuters customers and; railway staff that interact with railway users and responsible for safe railway operations. The directions prohibits the operation of commuters and passenger rail operations. The directions required all rail operators to develop and submit to the Railway Safety Regulator a COVID-19 management plan within 72 hours of the date of publication of the regulation.

  • International Air Services (COVID-19 Restrictions on the movement of air travel) Directions, 2020
    The International Air Services (COVID-19 Restrictions on the movement of air travel) Directions, 2020 was issued by the Minister of Transport on 26 March 2020. The directions prohibits domestic and international passenger flights; provides conditions for air cargo entering South Africa; improved hygiene control and disinfection facilities on International Airports Designated as Ports of Entry operated by licensed airport operator, cargo handling facility, airports repair facilities, provider of airports maintenance or services, airport terminals, terminal operations and in licensed airports operations; and oversight responsibilities.

  • Electronic Communications, Postal and Broadcasting Directions Issued Under Regulation 10(8) of the Disaster Management Act, 2002 (Act No 57 of 2002)
    The Electronic Communications, Postal and Broadcasting Directions Issued Under Regulation 10(8) of the Disaster Management Act, 2002 (Act No 57 of 2002) was issued to provide for the availability and use of technologies to combat COVID-19 with respect to dissemination of real time public information; access to communications infrastructure and digital services, provision of essential postal services, tracking and tracing of persons. The direction also intends to support the education, health and local government sectors. Class and Individual Broadcasting Service Licensees are required to receive and disseminate public information related to the national effort to combat the spread of COVID-19 in all local languages including sign language. In order to combat fake news, the directions require Electronic Communications Services Licensees, OTTs and ISPs that provide linear and non -linear services to remove fake news related to COVID-19 from their platforms immediately after the news is identified as fake.

  • National Ports Act (COVID-19 Restrictions on the Movement of Persons and Crew) Directions, 2020
    The National Ports Act (COVID-19 Restrictions on the Movement of Persons and Crew) Directions, 2020 was issued by the Minister of Transport on 26 March 2020 to prohibit cruise ships calling at any of the sea ports; improved hygiene control and sterilization facilities on ships, sea ports, port facilities operated by licensed operator; off -shore cargo handling facility; port repair facilities; provider of port services, port terminals, terminal operations and in licensed port operations; and implementation of a tracking, tracing and monitoring system at sea ports and reporting. The directions prohibits cruise ships from calling at any South African sea ports except the disembarkation of a returning South African crew and a permanent resident. It also prohibits loading and off -loading of cargo in and out of commercial ports is permitted.

Other Directions 
Other directions that have been issued by the relevant cabinet minister are:

Disaster Management Guidelines and Notices
The following disaster management guidelines have been issued by the relevant cabinet minister to give more clarity to the regulations and directions issued in response to the COVID-19 pandemic in South Africa:

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