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South Africa


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 The regulation repealed the Regulations issued in terms of section 27(2) of 18 March 2020 and the subsequent amendments to the regulations. However, the regulations preserved the validity of existing directions issued under the repealed regulations.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:


Democracy   B. Democracy-relayed issues arising from COVID-10 responses of states

  • Parliament 
    Members of Parliament fall under the category of essential services in terms of South Africa’s COVID-19 nationwide lockdown regulations. In the wake of the pandemic, Parliament initially suspended its programme from 23 March to 13 April. However, since members of parliaments are categorised as essential services, members of Parliament continued to work in communities they represent from 23 March to 13 April. After due consideration by the presiding officers of Parliament, a decision was taken that the business of Parliament must resume with immediate effect, following the conclusion of the constituency programme on 13 April. The leave period for MPs, which was scheduled from 28 April to 4 May, was cancelled.

    The Parliament has continued to function throughout the COVID-19 pandemic through a combination of virtual and physical setting while adhering to the principles of social distancing. Chief Whips represented in Parliament drafted guidelines and rules on how virtual meetings and voting must be conducted. These are based on procedures, precedents, practices and conventions, which Parliament has developed over time.

    In terms of oversight, priority was given to committees conducting oversight of government's COVID-19 response and its implementation of social distancing restrictions under the National State of Disaster Act. These committees have been meeting virtually and have been engaging with the relevant cabinet ministers on the implementation of the COVID-19 policies of the government. The May 2020 plenary session of the National Assembly involved a series of questions by MPs addressed to cabinet ministers whose departments are playing crucial roles in the efforts to contain the COVID-19 pandemic.

    In the light of the recent allegation of corruption by government officials, the President was quizzed by the MPs. The President was physically present in the National Assembly Chambers to make presentations on the allegation of corruption and provide answers to the questions asked by the MPs.

  • Elections
    The COVID-19 pandemic has resulted in the postponement of the Municipal by-elections in South Africa. Since the outbreak of the virus, the Independent Electoral Commission (IEC) has obtained a series of court order, extending and granting a further extension for by-elections in 2020. The IEC has postponed close to 30 scheduled municipal by-elections due to the COVID-19 pandemic. However, the IEC has reiterated its commitments towards conducting the Municipality elections that is scheduled for 2021.

    Political stakeholders have however seen the COVID-19 pandemic as a reason to align elections into different tiers of government in South Africa. The Action National Congress (ANC) and the Economic Freedom Fighters (EFF) have called on the IEC to postpone the municipal elections of 2021 to 2024, in order to align municipal elections with provincial and national elections. The EFF Secretary-General claimed that the COVID-19 pandemic has made it clear that South Africa does not need more than one election.

  • Executive 
    The Presidency has constantly addressed the nation with respect to developments in the country around the COVID-19 pandemic. On 15 March 2020, the President delivered his first statement on measures to combat the COVD-19 pandemic. The President further addressed the nation on 24 March 2020, on escalation of measures to combat the COVID-19 pandemic. The President has further addressed the nation on 30 March 2020, 9 April 2020, 21 April 2020, 23 April 2020, 13 May 2020, 24 May 2020, 17 June 2020, 12 July 2020, 23 July 2020 and 15 August 2020. The statements of the President are also available in some local languages on the website of the presidency.  
    In addition to the President, the relevant Ministers whose ministries play crucial roles in curbing and ensuring the running of the country amidst the COVID-19 pandemic have constantly issued press statements. Some of the ministers that have prominently issued media release & media briefing include the Minister of Health, Minister of Cooperative Governance and Traditional Affairs and the Minister of Home Affairs. 

  • Judiciary 
    According to the directives issued by the Chief Justice in term of section 8(3)(b) of the Superior Courts Act 10 of 2013 for the management of courts during the lockdown period, ‘urgent applications and urgent matters arising from the activities associated with disaster management may be heard in open Court during the lockdown period, provided that the Judge or Magistrate (hereafter Judicial Officer) hearing the matter may, if he or she deems it necessary, having regard to the exigencies of each case, hear any such matter through video conferencing or other electronic means which are appropriate in the circumstances, after consultation with the parties concerned.’

    • The South African Court has been called upon by litigants to pronounce on different aspects of the different regulations issued under the Disaster Management Act.

    • In the case of  Muhammed Bin Hassim Mohamed & ors v The President of the Republic of South Africa & Ors, the Applicants challenged the legality of the blanket prohibition of gatherings (including for religious purposes) under regulations 11B(1)(a)(i)&(ii) of the regulations issued in terms of section 27 of the Disaster Management Act. The High Court in dismissing the application ruled that the restrictions imposed on gathering by the regulations are neither unreasonable nor unjustifiable. 

    • In the case of Reyno Dawid De Beer & 2 Ors v The Minister of Cooperative Governance and Traditional Affair, the applicants challenged the validity of the declaration of a National State of Disaster and the regulations promulgated by the defendant pursuant to the declaration of a national state of disaster under the Disaster Management Act. The court applied the rationality test to determine the connection between some of the provisions of the regulations and the stated objective of the declaration of a state of disaster-preventing the spread of COVID-19.  The court found that even though the defendant’s declaration of national state of disaster in terms of section 27(1) of the Disaster Management Act is rational, the regulations subsequently promulgated by the defendant are in a substantial number not rationally connected to the objectives of slowing or limiting the spread of COVID-19. The Court declared the regulations as unconstitutional and invalid. The court suspended the declaration of invalidity for 14 days to allow the minister to allow the minister after consultation with relevant minister to review, amend and republish the regulations.  

    • In the case of Moela & Anor v Adam Habib & Anor, the applicants who are students of the University of the Witwatersrand contended that a directive issued by the Senior Executive Team (‘SET’) of the University, in conjunction with the Chairman of the University’s Council on 16 March 2020, that all residences were to be closed students must vacate their residences within 72 hours was a ‘negligent and reckless response to this pandemic.’ The court in dismissing the application ruled that the University has followed precisely all protocols recommended by WHO, the NICD, the President and renowned experts.

    • In the case of CD & MD v Department of Social Development, the court authorised the first applicant to travel between provinces and between district areas, from his residence situated in the Western Cape to the First Applicant’s parents’ residence at Bloemfontein for the sole purpose of the movement of their children. The court found that the amended directions issued by the Minister of Social Development allows movement of children between co-holders of parental responsibilities and rights or a caregiver as defined in Section 1(i) of the Children’s Act is where arrangements are in place for a child to move from one parent to another in terms of a court order.

    • In the case of Democratic Alliance v President of South Africa & Ors, the applicant contended that BBBEE status or criteria such as race, gender and disability cannot be used as a basis for a decision as to the recipients of distributions from funds established by the Minister of Small Business Development to provide financial relief to small, medium and micro enterprises; the Debt Finance Scheme (DFS) and the Business Growth Resilience Fund (BGRF). The court found that the criteria which the Minister of Small Business Development has employed for determining which persons or entities are entitled to receive funds under the DFS and BGRF are unlawful and should be reviewed. The court however held further that In the reformulation of criteria to be employed in the distribution of funds under the DFS and BGRF, the Minister must take into account race, gender, youth and disability.

    • In the case of Fair-Trade Independent Tobacco Association v President of The Republic of South Africa, the applicant contested the legality of the prohibition of the sale of tobacco products, e-cigarettes and related products as part of the measures introduced to curb the escalation of the COVID-19 virus in South Africa. The court upheld the validity of the prohibition and ruled that cigarettes and tobacco products are not essential goods.

    • In Karel Willem Van Heerden, the court dismissed the application of the applicant to be temporarily exempted from the traveling restrictions under the lockdown regulations to travel from Mpumalanga to the Eastern Cape in order to support his mother and to assist with his grandfather's funeral.

  • Transparency/ access to information 
    There have been allegations and reports  of widespread corruption involving funds meant to deal with the COVID-19 pandemic in South Africa. There have been reports of deals between government officials and businesses providing medical equipment, as well as food aid parcels to the poor. Some of the complaints raised include corruption related to the manufacture of face masks, the distribution of food parcels and siphoning funds fraudulently through supposed awareness campaigns. Massive corruption surrounding the purchasing and supply of PPE puts the workers at risk when taking care of patients. Nurses have complained of widespread shortages of PPE that have enabled infections to spread to staff and other patients in hospitals. The Spokeswoman to the Presidency, Khusela Diko, and a top Gauteng health official have taken leaves of absence after a media report said that Diko’s husband won PPE contracts with the Gauteng government. Her husband allegedly won a $7 million (€5.9 million) tender. The Gauteng provincial minister of health, Bandile Masuku, and his wife have also been put on special leave over COVID-19 related tender corruption allegations.

    In order to speed up and strengthen the process of dealing with corruption, the President signed a proclamation authorising the Special Investigating Unit (the SIU) to investigate any unlawful or improper conduct in the procurement of any goods, works and services during or related to the national state of disaster in any state institution. This empowers the SIU to probe any allegations relating to the misuse of COVID-19 funds across all spheres of the state. The Special Investigating Unit is probing more than 90 companies implicated in irregular tenders linked to the COVID-19 procurement processes. The Special Investigative Unit is reportedly investigating alleged irregular contracts in KwaZulu Natal and the Eastern Cape. The Hawks raided the Nkomazi Municipality in Mpumalanga over alleged COVID-19 tender fraud. South African President Cyril Ramaphosa has set up a ministerial committee to investigate alleged corruption in state tenders in the fight against COVID-19, including with businesses supplying protective gear. In line with the directives issued by the Presidency, the Office of the Chief Procurement Officer (OCPO) has published a full list of all companies who have been awarded contracts by government for the supply of goods and services relating to the COVID-19 pandemic on the National Treasury website. The lists include COVID-19 procurement information from all provinces, national departments and over 70 public entities.  

    There are also incidents of corruption within the private setting. The Hawk Serious Corruption Investigation Office arrested a 22 year old suspect for allegedly selling fraudulent permits to informal business owners. The Competition Tribunal also found Pharmaceutical retailer, Dis-Chem guilty for hiking the prices of some of its products that have been classified as essentials during the COVID-19 pandemic. 

    A corruption survey shows that 71% of citizens are concerned about the corruption in the healthcare system, while corruption in the healthcare system was highest in the Eastern Cape and KwaZulu-Natal. There have also been reactions from Civil Society actors against the COVID-19 corruption in South Africa. On 21 August 2020, the Ahmed Kathrada Foundation held an online rally, that called for societal mobilisation against corruption. 
  • Abuse by law enforcement agents / exacerbation of authoritarian tendencies / power grabs
    There have been reported cases of police brutality particularly against Black South Africans-even within their homes.  The South African police and the South African National Defence Force have been called out for abuse of power in enforcing the lockdown orders issued by the government, particularly targeting black South Africans. A 40 year-old Vosloorus man was allegedly gunned down by the police. Addittionally, Collins Khosa, a resident of Alexander, was allegedly assaulted to death by members of the Military at his home. Following legal actions by his family, the North Gauteng High Court ruled that members of the SANDF that were at the scene of his death should be suspended. Apart from attacks on the general citizens, there have also been report of attacks on journalists by the police. 

    The South African Human Rights Commission, said it is closely monitoring IPID's investigation of at least 10 deaths at the hands of law enforcement since lockdown began on March 27 2020. There is also report of different videos on social media recording incidents of police and soldiers forcing people to do difficult and humiliating exercises for  allegedly violating lockdown regulations. As at 1 June 2020, 12 people have died following arrests or other police actions, including a 7 years old who was shot in police fire in North-West Province.

    A top official from the office of the United Nations High Commissioner for Human Rights listed South Africa as one of the 15 countries with the most troubling cases of police brutality during COVID-19 lockdowns. The UN said it has received reports of police using rubber bullets, tear gas, water bombs and whips, to enforce social distancing, especially in poor neighbourhoods. 

    Critics of the government     have argued that certain language such as that used by the President, the Minister of Police and the SANDF’s General Solly Shoke might be seen to have encouraged an overbearing approach by the security forces. The IPID has also been criticised for failing to complete a single investigation with respect to death in police custody.


Human Rights C. Human rights-related issues arising from COVID-19 responses of South Africa

  • Right to health
    On 1 April 2020, the Minister of Health, Dr Zweli Mkhize, launched 60 new mobile laboratories to increase South Africa’s capacity to test for COVID-19. The sampling and testing units, procured by the National Health Laboratory Service (NHLS), were deployed nationwide to all priority districts and metros. 10 000 community health care workers were also deployed across the country for door-to-door household screening. Each province was requested to deploy provincial community healthcare workers, with appropriate Personal Protective Equipment, to undertake a house-to-house programme of “no-touch” screening for COVID-19 symptoms and to refer symptomatic people to clinics for testing. In addition, PEPFAR-funded District Support Partners were instructed to support provinces in this programme. As at April 2020, South Africa had the capacity to conduct 5000 tests for COVID-19 daily. However, with the addition of mobile testing units, combined with 180 testing sites and 320 testing units across the country, the number is expected to increase six-fold. 

    For the period 1 March 2020 through to 6 July 2020, 1 907 532 laboratory tests for COVID-19 were conducted nationally. Four provinces including Western Cape, Eastern Cape, KwaZulu-Natal and Gauteng accounted for 82% of tests performed up to the 06 July 2020. The overall percentage testing positive was 11.8%. According to the Minister of Health, the Community Screening and Testing (CST) Programme initiated on 7 April 2020 has ensured that more than 20 million people have been screened and 302 713 suspected cases have been referred for testing. With regards to quarantine, as at 7 July, South Africa has activated 139 quarantine facilities across the country. It constitutes a total of 12 532 beds. 

  • The COVID-19 virus has greatly affected health workers that are at the forefront of preventing the spread of the pandemic. As at 30 June 2020, 4 821 Health Care Workers (HCWs) were reported to have been infected with the Covid-19 virus across the country. This data represents cases of health workers in both the public and private sector. The Western Cape Province continues to account for the majority (68%) of infected Health Care Workers with 3 285 infections as at 29 June 2020. The leading number of infections are amongst nurses with 2 473 infections followed by other health professionals including community health workers reporting 1 971 and doctors recording 377 infections. To this effect, the government has commenced targeted and in-service training programme for health care workers to improve their understanding of the pandemic  and ensure that they can cope with the management of the pandemic. There have also been efforts to improve the availability of PPE’s for health workers and South Africans in general through the sum of R815 million from the Solidarity fund and donations of PPE from several countries, foundations, businesses and Churches. As alluded above, the corruption scandals involving the purchase of Personal Protective Equipment have resulted in lack of necessary kits for both health workers and citizens.

    The National COVID Epi Model has been updated to model COVID-19 at a district level, making use of South African hospitalisation data, updated estimates of the reproductive number, and a shift in testing priorities. However, the availability of ICU and non-ICU beds in the hospitals remains a big challenge in the health sector. In order to address this challenge, the Department of Health has developed and is implementing the Surge Strategy, in anticipation of the peak. This will ensure that the department increases capacity for COVID-19, while at the same time continuing to deliver other health services to the health care users. During this process, the Department repurposed a total of 27 467 beds for COVID-19, which has increased to 40 309 beds as the provinces started to experience a sudden increase in the number of cases. The Department of Health has built several field hospitals, which will primarily be used for admission of mild cases. The Western Cape has completed constructing three field hospitals which are functional. Gauteng (NASREC), KwaZulu-Natal (Pietermaritzburg) and Eastern Cape (Port Elizabeth, VW) each have one field hospital which are also operational. The department of health is also gearing up efforts to address the gaps in the supply of oxygen and the local design, development, production and procurement of respiratory ventilators.

    On 25 August 2020, the Minister of Health made a presentation to the WHO Regional Committee for Africa Meeting on South Africa’s COVID-19 experiences. The presentation indicated that within the SADC region, South Africa continues to have the highest number of cases accounting for 90% of all cases and 91% of all deaths. It also showed that South Africa’s case facility rate of 2.1% is lower than the average global rate of 3.5%. 

    The department of health consistently update statistical information on its website about the coronavirus. Some of the provincial government's department of health (Western Cape, KwaZulu-Natal & Mpumalanga) also have updates on COVID-19. 

    South Africa has been involved in international clinical trials for COVID-19 vaccine. In June 2020, South Africa commenced its first COVID-19 clinical trials. The clinical trials for the ChAdOx1 nCoV-19, a vaccine developed at the Oxford Jenner Institute in the UK was led by Shabir Madhi, Professor of Vaccinology at Wits University and Director of the South Africa Medical Research Council (SAMRC) Vaccines and Infectious Diseases Analytics Research Unit (VIDA). South Africa has also commenced second COVID-19 clinical trials: the Novavax (NVX-CoV2373) COVID-19 vaccine trials. The NVX-CoV2373 is a vaccine developed by US biotech company Novavax from the genetic sequence of SARS-CoV-2, the virus that causes the COVID-19 disease. The NVX-CoV2373 clinical trial is partly funded by a $15 million grant from the Bill & Melinda Gates Foundation. The screening of volunteers for the South African Novavax COVID-19 vaccine trial commenced on 17 August 2020.  A third trial for Ad26.COV2-S, a Johnson & Johnson product, is set for September 2020. 

    The rationale for getting involved in COVID-19 clinical trials is to improve the understanding of how the COVID-19 Vaccines are likely to work within the African settings. The participation will also put South Africa in an advantageous position to access the vaccines for its citizens as soon as the vaccines become available.

  • Right to housing (including homelessness, informal settlements, slums, shacks) 
    The impact of the COVID-19 pandemic has been greatly felt in the informal settlements of South Africa. The department of Human Settlement has been involved in a series of activities to minimise and mitigate the rate of COVID-19 infections and spread, through interventions in vulnerable households and communities, with focus on informal settlements, hostels, inner-cities and backyards. The measures being implemented include the provision of personal and household hygiene support – Sanitizers, information on making of masks, provision of soap.  The department has embarked on the decongestion and resettlement of households to complete units in informal settlements, mass sanitation and disinfection of common areas within informal settlements. The Department has identified over 29 overcrowded informal settlements with 356 000 households across the country for relocation including re-blocking and de-densification. In the Metropolitan Municipalities, the department has also identified suitable vacant buildings that have been identified to accommodate people living on the streets. Additionally, in the Provinces where subsidised houses were in the process of being completed – the process is being expedited to allow for relocation of households out of informal settlements.

    The Ministerial briefing to the National Council of Provinces on 7 July 2020 also revealed that the different provinces have geared up their efforts in the relocation and dedensification of informal settlements to mitigate the spread of the virus.
    Even though the Alert Level 5, 4 and 3 lockdown regulations placed a general moratorium on evictions except on the basis of a court order, as a measure to safeguard the right to hosing during the COVID-19 pandemic, there have been situations of eviction and demolition of houses, particularly informal settlements during the COVID-19 lockdown. There was also a video of a naked man who was allegedly dragged out of his shack in an informal settlement by officials of the Anti-Land Invasion Unit (ALIU) of the City of Cape Town. There have also been instances of the demolition of shacks and brick houses by Red Ants in the Kokotela Informal settlement in Johannesburg. The demolition was monitored by Johannesburg Metro Police Department and SANDF members. 

    The demolition was conceded by the Gauteng Provincial Government in its presentation before the Portfolio Committee on Cooperative Governance and Traditional Affairs on 6 August 2020. The head of the delegation admitted that the province is evicting people who occupied houses and land illegally. 

    The unlawful eviction carried out in different provinces in the country has generally been condemned by civil society and there have been calls for directives under the DMA specifically prohibiting the demolition of buildings without a court order. 

    In response to the series of demolition and evictions in informal settlements, the SAHRC and 2 Ors instituted an application against the City of Cape Town before the High Court in the Western Cape Division. The application seeks inter alia to inject judicial oversight into evictions and demolitions during the national state of disaster in informal settlements in particular, where the most vulnerable residents. The application seeks amongst other reliefs to restrain ALIU and any private contractors appointed to do the same or similar work or to perform the same or similar functions as the ALIU from evicting persons from and demolishing, any informal dwelling, hut, shack, tent or similar structure or any other form of a temporary or permanent dwelling or shelter, whether occupied or unoccupied, throughout the City Metropole during the lockdown period except in terms of an order of court duly obtained. The court ruled in favour of the applicants. In addition to restraining the City of Cape Town from unlawful eviction or demolition, safe with the order of a court, the court ordered the City of Cape Town to return within a week of the date of the court’s order all building materials and personal possessions seized by its Anti-Land Invasion Unit from the Second Applicant, and to also pay the sum of R2000 to the persons who are unlawfully evicted.

    There have also been concerns about the safety of homeless people in the city of Cape Town. NGOs working with homeless people now say they believe there may have been numerous cases of COVID-19 at temporary safety sites for homeless people. 

    In order to address the issues of the demolition of residence, the current alert level 2 lockdown regulations, under regulation 53(1) specifically stated that “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. 

  • Right to water and sanitation
    There have been general efforts by the Department of Water and Sanitation (DWS) to improve the supply of water, as part of concerted efforts to ease the impact of the COVID-19 pandemic. In a Media statement released on 23 April 2020, the DWS stated that ‘The provision of water and soap by government is significant in the fight against the coronavirus and has immensely contributed in curbing the pandemic by allowing citizenry to wash hands with water and soap and to frequently sanitise and disinfect surfaces.’  In a Media Statement released by the DWS, on 17 June 2020, it was stated that the DWS North West Region delivered 19 water trucks and 248 water tanks to 64 schools across the four district municipalities in North West to fight the spread of COVID-19. The delivery comes at a time where both Grade 7 and 12 learners across the country returned to schools since they were closed in March to prevent the spread of the disease. The DWS has also notched up the rollout of water tanks to needy communities in Gauteng to 2 211 water tanks. The DWS also delivered 4 200 water storage tanks and 532 water tankers (water trucks) to various District and Local Municipalities in the province of KwaZulu-Natal in the month of May. The department has also delivered 5624 water tanks in Eastern Cape.

  • Right to food/ nutrition and other socio-economic rights 
    South Africa’s socio-economic fiscal relief response was to release 500 billion rands into the economy. The socio-economic relief plan was based on 3 approaches:

The expansion of existing social insurance system to reach a large proportion of the labour force
Expansion of existing social assistance programme of grants
Expansion of social relief efforts through local governments and non-state institutions.

In conjunction with Department of Social Development and local Community Based Organizations, the Department of housing have assisted households to access food relief and social grant assistance.

Despite the commendable socio-economic relief efforts of the government, research has shown that significant households in South Africa are still feeling the economic hardship of the lockdown measures. A research conducted between May and June showed that two out of every five adults’ household had lost its main source of income since the lockdown started. This loss of income which is applicable to both pre-covid-19 grant receiving and non-grant receiving households have led to a significant increase in food poverty and hunger.

Twenty one percent of the people interviewed stated that someone in their household went hungry for 7 days and 15% of the interviewees claimed that a child went hungry within a period of 7 days.  The problem of food and nutrition have also been exacerbated by the suspension of the national school nutrition programme that usually reach about 9.6 million children. There is the need to improve the administrative capacity of relevant departments, particularly the department of social development in order to broaden the reach of short-term social insurance protection schemes. Efforts should also be geared at improving the administrative loopholes in the deployment of social assistance such as social grants, and community level social relief should be considered as an urgent priority for the government.

  • Economic impact/ impact small business/ employment social security networks
    According to the Presidency, the unemployment crisis in South Africa has been dramatically deepened by the economic effects of the global coronavirus pandemic. The President stressed the need for the country to use every means at its disposal to rebuild its economy, protect existing jobs & create new jobs. 

    In April, the President announced a historic R500 billion social relief and economic support package to direct resources towards our coronavirus response and assist businesses, workers and households. Part of the funding was aimed at providing direct support to households and individuals for the relief of hunger and social distress. As at 23 Jul, 2020 about R2.2 billion has been paid to over 4.4 million people through the special covid-19 grant which assists those who are unemployed and do not receive any form of support from the government. The special covid-19 grant was intended to be paid out for a period of 6 months. For the months of April, May and June, the UIF’s special COVID-19 benefit has paid out R34 billion, helping over seven-and-a-half million workers and preventing retrenchments in a number of companies. The UIF’s special COVID-19 scheme was extended by another 6 weeks to 15 August 2020.

    The Department of Small Business Development (DSBD) has come up with different intervention measures for small, medium and micro enterprise (SMME) in South Africa. The DSBD created the SMME Relief Finance Scheme, a soft loan facility that is intended to assist existing businesses in order to keep them as a going concern during the COVID-19 pandemic for a period of 6 months, from April 2020. The Business growth and Resilience Facility intends to fund SMMEs who produce or supply health care and related products that are required to combat the spread of COVID-19 pandemic. The Restructuring of SEFA-Funded Loans is a payment moratorium/holiday given to SEFA funded SMMEs for a maximum period of six months to reduce the instalment burden of loan obligations on clients during the COVID-19 period. The DSBD is also in consultation with organised informal business owners, Spaza shops and the self-employed in order to develop tailor made facilities for the informal sector. 

    According to the Presidency, through the R200 billion loan guarantee scheme, financial support has been provided to more than 8 600 small and medium-sized companies to the value of R12 billion. Over R70 billion in tax relief has also been provided to companies.

  • Women (including domestic violence)
    By the end of the first week of the lockdown, the Police Minister, Bheki Cele announced that there have been reports of 87000 gender based violence during the lockdown. The case of gender-based violence also included a police officer who was arrested for allegedly raping his wife during the lockdown. Western Cape and Free State provinces have the highest rate of arrest for gender based violence. It was reported that more than 120 000 victims rang the national helpline for abused women and children in the first three weeks after the lockdown started on 27 March - double the usual volume of calls 

  • Children (including education)
    Following the declaration of the declaration of a national state of disaster, schools were closed on 18 March 2020 and started only started re-opening around June 2020.  

    During the period of school closure, the Department of Basic Education (DBE) has engaged in different learner support programmes to ensure the education of children amidst the COVID-19 pandemic. The DBE has a dedicated online resources portal for parents, caregivers an learners to support learning at home. The COVID-19 support package on the online resource portal include study material, multimedia and reading material. The study materials are also available in braille on the website of the department. The DBE has also issued a standard operating procedures for teachers, non-teaching staff and learners on the COVID-19 outbreak in South Africa. 

    The Department of Basic Education and the South African Broadcasting Corporation (SABC) have engaged in multi-media learner support programme aimed at reducing the effects of the COVID-19 pandemic on the school calendar. The programme is broadcasted across three SABC TV Channels and 13 Radio stations with online support. The FREE STEM Lockdown Digital School was also expanded into community television in order to reach an even bigger audience. The COVID-19 learner support programme is available on two DSTV channels. 

    South Africa has adopted a cautious and phased return to schooling, beginning on 8 June 2020 with the return to school of learners in grades 7 and 12. On 6 July, learners from grades R, 6 and 11 returned to school. The resumption of schools took place following a mop-up exercise and monitoring of the readiness of schools to comply with COVID-19 imperatives  by the Department of Basic Education and stakeholders in the education sector in the first week of June. As at the time of resumption, the Minister for Basic Education had declared that 95% of South African Schools are in good shape to comply with COVID-19 imperatives and ensure the safety of pupils and staff.

    However, the schools were generally (with the exception of matric learners ,year 4 schools of skills learners and grade 7 learners) closed on 27 July 2020 and re-opened on 24 August due to increasing number of infections in the country. The academic year was also extended to 15 December, 2020. Under the Amendment of Directions Issued in Terms of Regulation 4(3) Of the Regulations made under the Disaster Management Act, 2002 (Act No. 57 Of 2002) Regarding the Re-Opening of Schools and Measures to Address, Prevent And Combat the Spread of Covid-19 in the National Department of Basic Education, all Provincial Departments of Education, All Education District Offices And All Schools In The Republic Of South Africa, the school nutrition programmes remained open and accessible for qualifying learners during the closure of the schools. In addition to the continuation of the school nutrition programme, the DBE was required to work  with schools to ensure that all learners have access to learning material, therapeutic support and continued teaching during the school break. The directions also allowed parents, upon an application in the prescribed form to suspend the attendance of school by a pupil on the grounds of learner’s health, COVID-19 related family anxiety, concerns for vulnerable members of the family, or preference for the learner to receive independent online tuition not provided by the school. In the event of the latter scenario, the parents or caregivers do not need an application for exemption. Parents and Caregivers who prefer to home-school their children are required to comply with the regulations outlined in the South African Schools Act. In the event of a positive test for COVID-19 or the need for a learner to self-isolate upon contact with a person with COVID-19, parents or caregivers are required to inform the school.

    The re-opening of schools in South Africa has polarised the stakeholders in the Education Sector. The Congress of South African students demonstrated against the re-opening of schools in Cape Town and Limpopo, and closed down schools in Cape Town in June. The South African National Civics Association also closed down Vukani Primary in Crossroads after a teacher tested positive.  The South African Human Rights Commission also threatened to institute court actions against the DBE. In addition to instructing its members to stay at home, the Educators Union of South Africa (EUSA) had approached the North Gauteng High Court in Pretoria to stop the phased re-opening of schools by the DBE in June. EUSA argued that the reopening of schools posed a risk to the lives of pupils and teachers. The position of Solidarity, who joined the suit as a friend of the court was however different. Solidarity argued that the continued closure of the school will amount to a violation of the constitutional rights of pupils and teachers, and it will have a disruptive impact on the academic year and schooling programme. The application by EUSA was struck out by the court.

    There have also been concerns over the right to education for children, amidst the gradual re-opening of schools in South Africa. The Centre for Child Law (CCL), has filed an application in the North Gauteng High Court against the Minister of Basic Education for her failure to adequately provide support, as well as provide proper health and safety measures, to all learners with disabilities who are returning to special schools and special school hostels, as well as to those who remain at home during the COVID-19 pandemic.

    There have also been issues of corruption with respect to the procurement of PPE for schools. For instance, there have been allegations of disappearance of large quantities of PPE in KwaZulu-Natal, costing the provincial department of education millions of rands. As at 27 June 2020, the Department of Basic Education stated that 523 learners and 1169 staff members have tested positive for COVID-19. The department also stated that 775 schools across South Africa had been impacted by the COVID-19. 

  • Persons with disabilities 
    In the implementation of its different projects to improve the right to housing during the COVID-19 pandemic and to also prevent the spread of the virus, the department of human settlement directed its implementing agents to ensure that priorities are given to women, youth, people with disabilities and military veterans.

  • LGBTI persons 
    Despite the protections in South Africa’s constitution and labour laws, LGBTI workers have reported increase in discrimination, harassment and violence. In addition, the exclusion of migrants and refugees from COVID-19 aids program including food parcel have affected LGBTI persons who fled to South Africa in order to escape persecution. 

  • Migrants
    Migrants are generally excluded from the socio-economic relief packages put in place by the government of South Africa. The Minister for small business and development stated that the relief packages meant for cushioning the effects of the lockdown will be exclusively reserved for South Africans.  In addition to the exclusion from the government relief packages, the economic situation of migrants have been compounded by the shutting down of migrant owned shops by the police in townships. There have been calls by CSOs for the government to adopt a non-discriminatory approach in its distribution of relief packages.

  • Persons deprived of their liberty
    The Department of Correctional Services constantly updates the incidence of Covid-19 in South African correctional facilities. As at 26 May 2020, the total number of confirmed Covid-19 cases in the Department of Correctional Services (DCS) stands at 746 with 264 officials and 482 inmates. The breakdown is as follows:
  EC WC LP GP NC FS KZN WC

Officials 
 77 172 2 7 2 1  0 172
Inmates 413 57 0 12 0 0 2 57
Recoveries 72 89 1 10 0 0 0 89
Death Cases 3 3 0 0 0 0 0 3
Total 490 229 2 19 2 1 0 229

 Some of the problems in South Africa places of detention  includes overcrowding, a lack of accurate prison data and transparency, the prevalence of infectious diseases such as TB, and human rights violation such as assault, torture and isolation. 

  • Right to life and bodily security
    As alluded to above, there have been numerous arrests and a couple of deaths arising from the activities of law enforcement agents in enforcing the lockdown regulations.

  • Freedom of assembly
    Regulation 3 of the Consolidated Regulations issued in terms of section 27(2) of the Disaster Management Act by the Minister of Cooperative Governance and Traditional Affairs, in April 2020 placed an absolute ban on all form of gathering. The regulation authorised an enforcement officer to immediately disperse a gathering and take appropriate action including arrest and detention.

    Under the current alert level 2 regulations, gatherings are allowed, subject to the fulfilment of the requisite conditions at a faith-based institution, a funeral, a workplace for work purposes, conferences and meetings, cinemas, theatres, concerts and live performances, casinos, all auctions, weddings, a social event at a place of residence, concerts and entertainment events, events at function venues, Fitness centres and gyms, sports grounds and fields, swimming pools, 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 and all accommodation establishments and tour operators. 
  • Freedom of movement
    Regulation 11B of the consolidated regulations issued in terms of section 27 of the DMA, in April, confined every person to his or her place of residence unless strictly for the purpose of performing an essential service, obtaining an essential good or service, collecting a social grant, pension or seeking emergency, life-saving, or chronic medical attention.

    The restriction on the freedom of movement have been less restrictive under the current alert level 2 regulations. Under the alert level 2 regulations, every person is confined to his or her place of residence from 22h00 until 04h00 daily.

  • Freedom of expression/ access to information/ privacy/digital rights 
    With respect to access to information, South Africa has a comprehensive COVID-19 online resource and news portal. The website contains detailed information of regulations, policies and other measures that the government is taking in response to the COVID-19. The adequacy of access to information is also exemplified by the constant update of amendments that are made to the regulations and directions issued pursuant to section 27 of the National Disaster Management Act on the government’s COVID-19 online resource and news portal. 

    The regulations that were adopted in terms of section 27 of the DMA this law make it a criminal offence to publish false information about COVID-19 and the offence is punishable by a fine or six-month imprisonment or both.  There have been arrests for dissemination of false information about the COVID-19. A case in point is the arrest of a man for discrediting the COVID-19 tests kits and the public discouraged people from participating in the mass testing exercise that was to be initiated by the government. 

    With respect to privacy, Regulation 11H of the regulation issued in terms of section 27 of the DMA empowered the National 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 person known or reasonably suspected to have contracted COVID-19. The COVID-19 Tracing Database shall include all information considered necessary for the contact tracing process to be effective, including but not limited to: the first name and surname, identity or passport numbers, residential address and other address where such person could be located, and cellular phone numbers of all persons who have been tested for COVID-19; the COVID-19 test results of all such persons; and the details of the known or suspected contacts of any person who tested positive for COVID-19.

    In order to protect the right to privacy of individuals, the information contained in the COVID-19 Tracing Database and any information obtained through the regulation is confidential. No person may disclose any information contained in the COVID-19 Tracing Database or any information obtained through the regulation unless authorized to do so and unless the disclosure is necessary for the purpose of addressing, preventing or combatting the spread of COVID-19.


Summary D. Summary (Analysis, Trends)

South Africa was able to handle the coronavirus in an orderly manner because of an existing legislative framework that seems to be tailor made for a pandemic like the COVID-19 pandemic. In the wake of the COVID-19 pandemic, the country had two potential legislative frameworks that it could apply to the pandemic (The Disaster Management Act 2002 or the State of Emergency Act, 1997). After due consideration by cabinet members, the government resolved to declare a state of national disaster and apply the Disaster Management Act to the COVID-19 pandemic. The Disaster Management Act provides a comprehensive framework for the government to follow, during the COVID-19 pandemic. This is exemplified in section 7 of the Disaster Management Act that provides for the content of the national disaster management framework. The national disaster management framework is the bedrock for the regulations and other initiatives that were instituted by the government in response to the COVID-19 pandemic. There is very high-level government commitment with the President leading the multisectoral response resulting in quick and decisive actions. However, there is the need for more coordination between the national and provincial governments. The City of Johannesburg and Cape Town’s demolition were clearly unsupported by the national government. This fact is depicted by the non-opposition of the application by the Minster of Human Settlement and Cooperative Governance to the cases instituted the provinces. The Minister of Human settlement also instructed the housing development agency to start the process of building permanent structures for the people who were given legal authority by the court to remain in Empolweni. 

The South African judiciary has demonstrated its ability to ensure the continuation of law and order during the pandemic period. This is demonstrated by the expeditious manner in which urgent cases were determined by the court. In addition, to this the court has dispensed with formalities where the interest of justice of the nature of the case demands for this. An example of this can be seen in the application brought by the family of Collins Khosa, the judge stated that ‘It is evident that this process is not the usual one as envisaged by the Rules of Court relating to urgency….I decided to condone all non-compliance because of the nature of the application and the relief sought…’ However, there is the need to ensure some uniformity in the various decisions of the South African courts. There are instances of multiplicity of applications in different courts and at different times dealing with similar subject matter. For instance, in paragraph 8.1 of its decision, the Court in Reyno Dawid De Beer & 2 Ors v The Minister of Cooperative Governance and Traditional Affair, appears to have suggested that the blanket ban on gatherings is unjustifiable. This is in clear contrast to the position of the court in Muhammed Bin Hassim Mohamed & ors v The President of the Republic of South Africa & Ors. 

The activities of CSOs and other domestic actors have also put the government in the right directions, for example as a result of multiple pressure and litigation from the children’s sector, the importance of the school nutrition programme in the alleviation of hunger and food poverty for children during the pandemic was emphasized. This effort contributed to the continuation of the school nutrition programme for qualified students during the closure of the schools in July.

The COVID-19 pandemic and the lockdown measures have had more adversarial effects on the poor populations and foreigners in South Africa. Cases of police brutality are recorded in poor neigbourhoods. Foreigners have also been on the receiving ends of the COVID-19 pandemic. Even though the hardship of the pandemic is felt by citizens and foreigners alike, foreigners are excluded from the social relief packages put in place by the government. 

The COVID-19 pandemic has also exposed some of the existing societal ills in South Africa and has led to increase in public demands for accountability. For instance, during the fierce debate on the re-opening of schools, it was revealed that around 3126 schools need to be attended to for water supply. 

The COVID-19 pandemic has also had an effect in shifting the priorities of government. It has led to the prioritization of informal residents to the top of local government agenda. Also, in the wake of the allegations of corruptions and nepotism in the procurement of PPE, the President has directed that henceforth, all government tenders will be made publicly available. This new process is set to outlive the COVID-19 pandemic and it will no doubt ensure improved accountability on the part of government officials.