This is the version of this Government Notice as it was from 24 December 2020 to 28 December 2020. Read the latest available version.
South Africa
Disaster Management Act, 2002
Disaster Management Act: Regulations relating to COVID-19
Government Notice R480 of 2020
- Published in Government Gazette 43258 on 29 April 2020
- Assented to on 29 April 2020
- Commenced on 29 April 2020
- [This is the version of this document as it was from 24 December 2020 to 28 December 2020.]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 608-B of 2020) on 1 June 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 714 of 2020) on 25 June 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 763 of 2020) on 12 July 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 846 of 2020) on 31 July 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 891-B of 2020) on 18 August 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 999 of 2020) on 21 September 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 1011 of 2020) on 21 September 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 1053 of 2020) on 1 October 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 1104 of 2020) on 22 October 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 1199 of 2020) on 12 November 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 1290 of 2020) on 4 December 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 1346 of 2020) on 15 December 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 1370 of 2020) on 17 December 2020]
- [Amended by Disaster Management Act: Regulations relating to COVID-19: Amendment (Government Notice 1421 of 2020) on 24 December 2020]
Chapter 1
Definitions and application
1. Definitions
In these Regulations, unless the context otherwise indicates—"adequate space" means not more than one person per one and a half metres of floor space;"Alert Level" means the determination made under subregulation 3(2);"clinical case" means a patient that presents with clinical signs and symptoms of COVID-19;"Constitution" means the Constitution of the Republic of South Africa, 1996;"COVID-19" means the Novel Coronavirus (2019-nCov2) which is an infectious disease caused by a virus that has previously not been scientifically identified in humans, which emerged during and was declared a global pandemic by the WHO in 2020;"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);"directions" means the directions contemplated in section 27(2) of the Act, issued by a Cabinet member relating to his or her line functions, after consultation with the Cabinet members responsible for cooperative governance and traditional affairs and justice and correctional services;"donor" means an individual, corporation or organisation that is a contributor of cash, kind and/or other assets;"enforcement officer" includes a member of the South African Police Service, the South African National Defence Force, metro police, traffic officers, immigration inspectors; and a peace officer as defined in section 1 of the Criminal Procedure Act;"essential goods for import" means the goods listed in Annexure B;"essential services" means the services listed in Annexure D;"face mask" means a cloth face mask or a homemade item that covers the nose and mouth, or another appropriate item to cover the nose and mouth;[definition of "face mask" inserted by section 4 of Government Notice 891-B of 2020]"gathering" means any assembly, concourse or procession in or on—(a)any public road, as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996); or(b)any other building, place or premises, including wholly or partly in the open air, and including, but not limited to, any premises or place used for any sporting, entertainment, funeral, recreational, religious, or cultural purposes; but excludes a workplace and a place of residence for those persons ordinarily residing at the residence;"health protocols" means the COVID-19 health protocols determined by the Director General of Health;"head of an institution" means the accounting officer of a public institution and the chief executive officer or the equivalent of a chief executive officer of a private institution;"hotspot" means a geographical area or cluster of geographical areas;[definition of "hotspot" inserted by section 3 of Government Notice 608-B of 2020]"institution" means any public or private institution, including a sole practitioner and any other business owned and operated by a single person, that is engaged in the supply or distribution of a good or service as set out in the Table 1, or which regulates such supply or distribution, including professional regulatory bodies designated in directions made in terms of regulation 4 of the Regulations;"institutions of higher learning" means "higher education college" and "higher education institution" as defined in section 1 of the Higher Education Act, 1997 (Act No. 101 of 1997);"isolation" means separating a sick individual with a contagious disease from healthy individuals that are not infected with such disease in a manner that aims to prevent the spreading of infection or contamination;"laboratory confirmed case" means a patient who has been diagnosed with COVID-19 by means of a laboratory diagnostic method approved by the Department of Health;"liquor" means—(a)any liquor product, as defined in section 1 of the Liquor Products Act, 1989 (Act No. 60 of 1989);(b)beer or traditional African beer; or(c)any other substance or drink declared to be liquor under the Liquor Act, 2003 (Act No. 59 of 2003), but does not include methylated spirits;"lockdown" means the period between 23H59 on 26 March 2020, until 23H59 on 30 April 2020;"movement" means entering or leaving a place of residence or, in the case of people not ordinarily resident in the Republic, their place of temporary residence while in the Republic;"national state of disaster" means the national state of disaster declared by Government Notice No. R. 313 of 15 March 2020;"permitted goods" means Part E in the Table 1;"permitted goods for export" means the goods listed in Annexure C;"permitted services" means the services permitted in Table 1;"quarantine" means the restriction of activities or separation of a person, who was or may potentially have been exposed, to COVID-19 and who could potentially spread the disease to other non-exposed persons, to prevent the possible spread of infection or contamination to healthy individuals;"school" means a school as defined in section 1 of the South African Schools Act, 1984 (Act No. 84 of 1996);"the Act" means the Disaster Management Act, 2002 (Act No. 57 of 2002); and"WHO" means the World Health Organisation.2. Repeal and transitional provisions
3. Determination of Alert Level
Chapter 2
General provisions applicable during national state of disaster
4. Authority to issue directions
5. General measures to contain the spread of COVID-19
6. Refusal of medical examination, prophylaxis, treatment, isolation and quarantine
7. Isolation or quarantine of persons
8. COVID-19 Database
[heading substituted by section 2(a) of Government Notice 714 of 2020]9. Release of resources
10. Shelters and sites identified by the State during national state of disaster
11. Emergency procurement procedures
Emergency procurement for institutions is subject to—12. Powers and indemnity
These Regulations do not limit any powers or indemnities of security services provided for in any law.13. Resolution of disputes
14. Offences and penalties
Chapter 3
Alert Level 4
15. Determination of Alert Level
16. Movement of persons
17. Movement of children
18. Attendance of funerals
19. Prohibition on evictions
A competent court may grant an order for the eviction of any person from land or a home in terms of the provisions of the Extension of Security of Tenure Act 62 of 1997 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998: Provided that any order of eviction shall be stayed and suspended until the last day Alert Level 4, unless a court decides that it is not just and equitable to stay and suspend the order until the last day of the Alert Level 4 period.20. Public transport
21. Closure of borders
All borders of the Republic remain closed during the period of Alert Level 4, except for ports of entry designated by the Cabinet member responsible for home affairs and for the transportation of fuel, cargo and goods during the period of Alert Level 4.22. Transportation of cargo
23. Gatherings
24. Places and premises closed to the public
25. Controlled visits by members of the public
All visits by members of the public to—26. Sale, dispensing or transportation of liquor
27. Tobacco products, e-cigarettes and related products
The sale of tobacco, tobacco products, e-cigarettes and related products is prohibited.28. Operation of economic sectors
29. Energy and petroleum products supply
To ensure the continuous supply of energy and petroleum products to society as referred to in Table 1—30. Mining operations
31. Offences and penalties
Chapter 4
Alert Level 3
[Chapter 4 added by section 5 of Government Notice 608-B of 2020]32. Application of Alert Level
33. Movement of persons
34. Movement of children
35. Attendance of funerals
36. Prohibition on evictions
37. Gatherings
38. Prohibition of initiation practices
39. Places and premises closed to the public
40. Controlled visits by members of the public
Visits by members of the public to—41. Closure of borders
42. Transportation of cargo
43. Public transport
44. Sale, dispensing or transportation of liquor
45. Tobacco products, e-cigarettes and related products
46. Operation of economic and public sector
47. Compliance officers
48. Offences and penalties
Chapter 5
Alert Level 2
[Regulations come into operation at 00H01 on 18 August 2020 by section 7 of Government Notice 891-B of 2020]49. Application of Alert Level
The regulations set out in this Chapter apply during Alert Level 2.50. Movement of persons
Every person is confined to his or her place of residence from 22H00 until 04H00 daily, except where a person has been granted a permit, which corresponds with Form 2 of Annexure A, to perform a service other than a service related to an activity listed under Table 3, or is attending to a security or medical emergency.51. Mandatory protocols when in a public place
A person-52. Attendance of funerals
53. Eviction and demolition of places of residence
54. Rental housing
55. Gatherings
56. Places and premises closed to the public
57. Prohibition of initiation practices
58. Controlled visits by members of the public
All visits by members of the public to—59. Closure of borders
60. Public transport
61. Sale, dispensing or transportation of liquor
62. Operation of economic sector
63. Compliance officers
64. Offences and penalties
Chapter 6
Alert Level 1
65. Application of Alert Level
The regulations set out in this Chapter apply during Alert Level 1.65A. Definitions
For purposes of Chapters 6 and 7, "festive season" means the period between 16 December 2020 and 3 January 2021, inclusive of both dates.[regulation 65A inserted by section 3 of Government Notice 1346 of 2020]65B. Notification by district municipalities
All district municipalities must, after consultation with its local municipalities in its area—66. Movement of persons
67. Mandatory protocols when in a public place
68. Attendance of funerals
69. Gatherings
70. Eviction and demolition of places of residence
71. Rental housing
72. Places and premises closed to the public
73. Initiation practices
74. Controlled visits by members of the public
75. Partial re-opening of borders
76. Public transport
77. Sale and dispensing of liquor
78. Operation of economic sector
79. Compliance officers
80. Offences and penalties
Chapter 7
Hotspots
81. Application of Chapter
82. Movement of persons
83. Attendance of funerals
84. Gatherings
85. Prohibition of initiation practices
86. Sale and dispensing of liquor
87. Offences and penalties
For the purposes of this Chapter, any person who fails to comply with or contravenes a provision of regulations 82; 84(12)(e); 85(1), (2) and (3), 86(1) and (3), of these Regulations commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.[regulation 87 substituted by section 12(e) of Government Notice 1346 of 2020][Chapter 7 added by section 4 of Government Notice 1290 of 2020]History of this document
04 April 2022 amendment not yet applied
22 March 2022 amendment not yet applied
15 February 2022 amendment not yet applied
01 February 2022 amendment not yet applied
30 December 2021 amendment not yet applied
21 December 2021 amendment not yet applied
17 December 2021 amendment not yet applied
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28 June 2021
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02 April 2021
30 March 2021
28 February 2021
13 February 2021
01 February 2021
11 January 2021
29 December 2020
24 December 2020 this version
17 December 2020
15 December 2020
04 December 2020
12 November 2020
22 October 2020
01 October 2020
21 September 2020
18 August 2020
31 July 2020
12 July 2020
25 June 2020
01 June 2020
29 April 2020
Cited documents 21
Legislation 21
- Banks Act, 1990
- Children's Act, 2005
- Constitution of the Republic of South Africa, 1996
- Criminal Procedure Act, 1977
- Disaster Management Act, 2002
- Electronic Communications Act, 2005
- Extension of Security of Tenure Act, 1997
- Financial Markets Act, 2012
- Financial Sector Regulation Act, 2017
- Higher Education Act
- Judges Remuneration and Conditions of Employment Act, 2001
- Labour Relations Act, 1995
- Local Government: Municipal Finance Management Act, 2003
- Marine Living Resources Act, 1998
- National Environmental Management: Integrated Coastal Management Act, 2008
- National Road Traffic Act, 1996
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998
- Promotion of Administrative Justice Act, 2000
- Public Finance Management Act, 1999
- Rental Housing Act, 1999
- South African Schools Act, 1996