Stage 3: COVID-19 Regulations: Erongo Region
Proclamation 32 of 2020
-
Published in Government Gazette no. 7264 on 6 July 2020
- Assented to on 6 July 2020
-
Commenced on 7 July 2020
- [Up to date as at 14 August 2021]
-
[Repealed by Stage 3: COVID-19 Regulations: Erongo Region (Proclamation 39 of 2020) on 22 July 2020]
Under the powers vested in me by Sub-Article (5) of Article 26 of the Namibian Constitution, I, subsequent to having declared by Proclamation No. 7 of 18 March of 2020 that a State of Emergency exists in the whole of Namibia following a worldwide outbreak of the disease known as Coronavirus Disease 2019 (COVID-19), make the regulations set out in the Schedule.
Given under my Hand and the Seal of the Republic of Namibia at Windhoek, this 6th day of July, Two Thousand and Twenty.
Hage G. Geingob
President
By order of the President
1. Definitions
In these regulations -
"authorised officer" means -
(a)
the Director referred to in section 32 of the Disaster Risk Management Act, 2012 (Act No. 10 of 2012);
(b)
a member of the Namibian Police as defined in section 1 of the Police Act, 1990 (Act No. 19 of 1990);
(c)
a member of the municipal police service referred to in section 43C of the Police Act, 1990 (Act No. 19 of 1990);
(d)
a member of the Defence Force as defined in section 1 of the Defence Act, 2002 (Act No. 1 of 2002);
(e)
a correctional officer as defined in section 1 of the Correctional Service Act, 2012 (Act No. 9 of 2012);
(f)
an immigration officer as defined in section 1 of the Immigration Control Act, 1993 (Act No. 7 of 1993);
(g)
an officer as defined in section 1 of Customs and Excise Act, 1998 (Act No. 20 of 1998) charged with the responsibility of enforcing the customs and excise legislation; and
(h)
any other staff member designated or person appointed as an authorised officer under section 32 of the Disaster Risk Management Act, 2012 (Act No. 10 of 2012);
"COVID-19" means the coronavirus disease of 2019 which is caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
"critical services" means the services listed as critical services in Annexure A;
"Erongo region" means the Erongo region specified in Column 2 of Schedule 1 to the Regional Councils Act, 1992 (Act No. 22 of 1992);
"essential goods" means the goods listed as essential goods in Annexure B;
"head of the institution" means the administrative head of a public institution and the chief executive officer or the equivalent of a chief executive officer of a private institution;
"higher education institution" means a higher education institution as defined in section (1) of the Higher Education Act, 2003 (Act No. 26 of 2003);
"liquor" means any spirits, wine, beer, cider or other beverage, including a traditional beverage, and intended for human consumption but excludes any substance that contains alcohol but used or is intended to be used for medicinal purposes;
"mask" means a covering made of any suitable material that is worn on and around a person's nose and mouth so as to fully cover that person's nose and mouth for purposes of preventing the transmission of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
"restricted area" means the local authority areas of Arandis, Swakopmund and Walvis Bay including the portion of the main tarred road that connects the local authority areas of Arandis and Swakopmund and which portion is situated outside these two local authority areas, as well as the strips of land of five kilometers on either side of that portion of the road;
"school" means a school as defined in section 1 of the Education Act, 2001 (Act No. 16 of 2001);
"specified period" means the period referred to in regulation 3 and indicating Stage 3 of the State of Emergency as determined by Cabinet; and
"vulnerable employee" means a pregnant employee, an employee who is a nursing mother, an employee with a preexisting condition such as a heart disease, high blood pressure, respiratory problems, obesity, diabetes, tuberculosis or a condition which might compromise the immune system of the employee.
2. Application of regulations
Except where otherwise indicated, these regulations apply to the whole Erongo region during the specified period.
If there is a conflict between the provisions of these regulations and any other law the provisions of these regulations prevail: Provided that any later regulations made under Article 26(5) of the Namibian Constitution will prevail if it is in conflict with these regulations.
3. Specified period
The specified period starts at 00:00 on 7 July 2020 and ends at 24:00 on 3 August 2020.
4. Restrictions on learning in Erongo region
During the specified period all schools, higher education institutions and other educational institutions in the restricted area must remain closed.
In the Erongo region, excluding the restricted area, during the specified period -
(a)
schools and educational institutions providing early childhood development learning, pre-primary learning and primary education at grade one to three levels may resume face to face learning on 7 July 2020;
(b)
schools and educational institutions providing primary education at grade seven level secondary education at nine level must remain closed but may resume face to face learning on 20 July 2020;
(c)
schools and educational institutions providing primary education at grade four, five and six level and secondary education at grade eight and 10 levels must remain closed but may resume face to face learning on 3 August 2020.
The closure of schools, higher education institutions and other educational institutions contemplated in subregulation (1) and (2) does not prevent -
(a)
in the case of a state school, the relevant minister responsible for education; and
(b)
in any other case, the governing body of the school or institution in question,
from employing other alternative forms of learning that do not involve the physical presence of learners or students at the schools or institutions.
Every head of a school, higher educational institution and other institution referred to in subregulation (2) must ensure that all persons accessing the premises and services of the respective school, higher educational institution and other institutions at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in and under these regulations.
5. Wearing of masks
During the specified period every person must wear a mask whenever he or she is at or in a public place.
During the specified period, wearing of a see-through face shield is permitted, provided that a mask is worn together with the face shield.
An authorised officer may instruct a person who is not wearing a mask as contemplated in subregulation (1) or (2) to wear a mask or to leave the public place.
A person who fails or refuses to comply with an instruction given under subregulation (3) commits an offence and is on conviction liable to a fine not exceeding N$2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
6. Gatherings
For the purpose of this regulation, "gathering", in relation to -
(a)
the restricted area means a group of more than 10 persons; and
(b)
the Erongo region, except for the restricted area, means a group of more than 50 persons, who meet for a common purpose.
During the specified period, all gatherings are prohibited, except where -
(a)
all persons at the gathering are members of the same household gathered at their place of residence;
(b)
persons are gathered at their workplace;
(c)
the gathering is by a government institution at national, regional or local level or the Cabinet or the Parliament for purposes of its normal operations;
(d)
the gathering is for purposes of court or tribunal proceedings; or
(e)
a group of persons independently or coincidentally find themselves at a specific place.
Persons who gather in the circumstances referred to in subregulation (2) must at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in and under these regulations.
An authorised officer may instruct a gathering, other than a gathering referred to in subregulation (2), to disperse and may use all reasonable measures to cause a gathering or group to disperse.
The person organising or hosting a gathering permitted in terms of this regulation, (except a gathering referred to in subregulation (2)(a) and (2)(e)) must -
(a)
open and maintain a register of the persons who attend the gathering; or
(b)
ensure that the register of the persons referred to in paragraph (a) is opened and maintained, for the purpose of recording the particulars of persons who attend the gathering.
The persons who are required to open and maintain a register in accordance with subregulation (5) must -
(a)
keep the register in a safe place for the duration of the State of Emergency;
(b)
on request, make the register available for inspection by an authorised officer; and
(c)
treat the information provided under this regulation as confidential, and may not disclose that information to any other person except as provided in paragraph (b) or when required to so disclose it in terms of any law or by a court.
The register referred to in subregulation (6) must contain the full name, identification number or passport number and telephone number or cellular phone number of each person who attended the gathering.
A person who -
(a)
facilitates, instigates or organises a gathering, except a gathering permitted by subregulation (2);
(b)
fails or refuses to obey an instruction issued under subregulation (4); or
(c)
fails or refuses to comply with subregulation (5) or (6),
commits an offence and is on conviction liable to a fine not exceeding N$2 000 or to imprisonment not exceeding six months or to both such fine and imprisonment.
7. Restrictions relating to liquor
Despite any contrary condition applicable to any type of liquor licence issued under the Liquor Act, 1998 (Act No. 6 of 1998) during the specified period -
(a)
the sale of liquor in terms of that licence and the purchase of liquor may only take place -
(i)
between the hours 12H00 and 18H00 on Mondays to Fridays;
(ii)
between the hours of 09H00 and 13H00 on Saturday; and
(iii)
if the liquor sold or purchased is not for consumption at the place of sale or purchase; and
(b)
a person may not purchase or sell liquor on a Sunday or public holiday.
Subsection (1) does not apply to the sale of liquor by the holder of a hotel liquor licence or a restaurant liquor licence issued under the Liquor Act, 1998 (Act No. 6 of 1998) and the holder of such licence is permitted to sell liquor on an on-consumption basis and in accordance with the conditions of the respective licence.
A person who contravenes or fails to comply with a provision of subregulation (1) commits an offence and is on conviction liable to a fine not exceeding N$2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
An authorised officer who is a peace officer within the meaning of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) may, without a warrant, seize any liquor that is suspected to have been sold or has been purchased in contravention of this regulation and the seized liquor must, subject to changes required in the context, be dealt with in accordance with the provisions of the Liquor Act, 1998 (Act No. 6 of 1998) as if it were liquor seized in terms of that Act.
8. Restrictions relating to certain businesses, operations and activities
Subject to the provisions of regulation 7 and subregulation (3), all businesses, operations and activities, except those listed in subregulation (2), are permitted, during the specified period.
During the specified period, the following businesses, operations and activities are prohibited:
(a)
contact sports, which for purposes of this regulation refers to sports in which players may directly or indirectly have physical contact, such as rugby, boxing, football, martial arts, or wrestling;
(b)
casinos and gambling houses; and
(c)
nightclubs.
During the specified period, the following businesses, operations and activities are permitted subject to the condition that the people attending the event inclusive of the organisers do not exceed the applicable number of people stipulated for a gathering in regulation 6(1) and that the head of the institution or organiser keeps and maintains a register that contains the full name, identification number or passport number and telephone number or cellular phone number of each client or customer that visits the business or attends the event:
(a)
sporting events, other than contact sports;
(b)
entertainment events and concerts; or
(c)
seminars, conferences, workshops and summits.
Every head of institution of any business, operation and activity which is permitted during the specified period must ensure that the persons accessing the premises and services of the business, operation and activity at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in and under these regulations.
A person who contravenes or fails to comply with the requirements of subregulation (2) or (3) commits an offence and is on conviction liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
9. Additional provisions relating to workplace
Heads of institutions are encouraged to allow vulnerable employees to work from home, subject to suitable arrangements between the employer and employee.
Heads of institutions are encouraged to provide masks to their employees.
Heads of institutions must ensure that their employees at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in and under these regulations.
10. Restrictions relating to entry into and departure from Erongo region
During the specified period, a person may not -
(a)
enter into the restricted area; or
(b)
depart from the restricted area to any other part of Namibia,
unless that person is in possession of a valid permit issued by a police officer under subregulation (3) and which permit the person must, on request by a police officer, produce to that police officer.
Subregulation (1) is not construed as preventing a person from moving within the restricted area as long as that person complies with the requirements of these regulations relating to the movement of persons or goods.
A person who wishes to enter into or depart from the restricted area, for purposes of-
(a)
receiving essential medical treatment which cannot reasonably be performed outside the restricted area and which cannot reasonably be postponed;
(b)
transporting essential goods;
(c)
performing an action necessary for the enforcement of law or public order;
(d)
maintaining or repairing infrastructure necessary or useful for the provision of essential goods or critical services;
(e)
performing a critical service that cannot reasonably be postponed; or
(f)
performing any other function or doing any other thing which the police officer considers sufficient to warrant the entering into or departing from the restricted area with due consideration of the fact that travel to and from the restricted area must be minimised,
may request a police officer nearest to that person or at the point of entry into or exit from the restricted area, to issue a permit authorising entry into or departure from the area.
A permit referred to in subregulation (3), may contain conditions relating to -
(a)
the entering of quarantine facilities at a designated place;
(b)
having a specified test taken at a specified place; and
(c)
entering isolation facilities if the result of the test indicates that the person is infected with COVID-19.
The Inspector-General of the Namibian Police may after consultation with the Executive Director of the Ministry of Health and Social Services issue directives to police officers relating to the issuing of permits, which directives must be consistent with these regulations, and which Directives may require consultation with any functionary indicated therein.
During the specified period, a person entering into or departing from the Erongo region or the restricted area must, at every point where so required by an authorised officer, enter into a register kept by an authorised officer, the particulars that are specified in that register.
A person who contravenes or fails to comply with subregulation (1) or (6), or fails to comply with a condition imposed under subregulation (4), commits an offence and is on conviction liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
If an authorised officer finds a person under circumstances which create a reasonable suspicion that the person is likely to contravene subregulation (1) or (6), that authorised officer may instruct the person to stop the journey in question and failure to obey such an instruction is deemed to be a contravention of, or failure to comply with that subregulation, and that person is liable to the penalties provided for in subregulation (7).
11. Public transport
A person may not provide a public transport service to any passenger or transport any passenger for reward if such transport would have the effect that any such passenger contravenes regulation 10(1).
A person commits an offence if that person contravenes subregulation (1) and is on conviction liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
12. Offences and penalties
A person commits an offence if that person -
(a)
not being an authorised officer, by words, conduct or demeanour falsely represents himself or herself to be an authorised officer;
(b)
hinders, obstructs or improperly attempts to influence an authorised officer when exercising or performing a power or function conferred or imposed by or under these regulations or another law;
(c)
furnishes or gives false or misleading information to an authorised officer; or
(d)
does anything calculated to improperly influence an authorised officer concerning a matter connected with the functions of the authorised officer.
A person commits an offence if that person, through any form of media, including social media, knowingly or without having taken reasonable steps to ascertain the correctness of any information -
(a)
publishes any false or misleading statement about the COVID-19 status of any person; or
(b)
publishes any false or misleading statement, in connection with measures to combat, prevent and suppress COVID-19 as specified in and under these regulations.
A person convicted of an offence referred to in subregulation (1) or (2) is liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
13. Savings and transitional provisions
Anything done under the provisions of the State of Emergency Regulations published under Proclamation No. 9 of 28 March 2020, the Stage 1: State of Emergency - Covid-19 Regulations: Erongo Region published under Proclamation No. 24 of 8 June 2020 or the Stage 3: State of Emergency Covid-19 Regulations: Erongo Region published under Proclamation No. 26 of 22 June 2020 and that could have been done under these regulations is regarded as having been done under a corresponding provision of these regulations.
14. Applicability of certain provisions of State of Emergency-COVID-19 Regulations
For the purposes of regulation 2 of the Stage 4: State of Emergency COVID-19 regulations published under Proclamation No. 28 of 28 June 2020 the specified period referred to in that regulation is deemed to refer to the specified period referred to in regulation 3.
15. Regulations to bind State
These regulations bind the State.
| Attachment | Size |
|---|---|
 10838.pdf | 250.68 KB |