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comments individually delivered to government
The Department of Health has published new regulations under the National Health Act which will effectively act as a long-term permanent replacement to South Africa’s state of disaster Covid regulations.
Once the regulations are approved, the Department of Health said they would be implemented without being tabled in parliament, since it is subordinate legislation already delegated to the minister.
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- all people entering or exiting South Africa during a pandemic should present negative PCR tests not older than 72 hours in the event they do not have a vaccination certificate.
- continued restrictions will be placed on night vigils and after-funeral gatherings.
- Indoor and outdoor gatherings may be occupied up to 50% of the venue capacity, provided valid vaccine certificates are produced. For gatherings where no valid vaccine certificates are required, artificial limits of 1,000 and 2,000 people will apply for indoor and outdoor gatherings, respectively.
- Social distancing of one metre must be maintained.
- Face masks will be compulsory for indoor gatherings, people cannot enter public premises or make use of public transport without a mask.
- The regulations also leave the door open for other restrictions, labelled as ‘advice giving’ between different departments. This advice can relate to curfew, national lockdown, economic activity and the sale of alcohol, among others.
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The first win — Health Department to withdraw “limited” regulations [view notice]
Religious Freedom list of concerns
- That limitation on the right to religious freedom will be in place indefinitely as long as the Minister has listed a disease as a “notifiable medical condition” (“NMC”).
- The same degree of limitation on the right to religious freedom will be in place, irrespective of the severity of the disease.
- The proposed imposition of mandatory treatment (which is undefined and could therefore include mandatory vaccination), for merely having been exposed to someone with a NMC, or for being simply “suspected” of having contracted a NMC.
- The proposed imposition of self-isolation on an asymptomatic person which will prevent them from attending any religious gatherings (e.g. small group meetings).
- Religious organisations with large venues (more than 1000 people indoors) will not be able to operate at 50% of venue capacity without requiring their congregants to show proof of vaccination. This is a gross and unjustifiable violation of the right to religious freedom guaranteed by sections 15 and 31 of the Constitution.
- Reg16J(5)’s limitation on the number of unvaccinated people that can attend a gathering of 1000 people indoor and 2000 people outdoor, irrespective of the size of the venue. Religious organisations with large venues will not be able to operate at 50% of venue capacity without requiring their congregants to show proof of vaccination.
- That failure to comply with these provisions is a criminal offence with a sanction of an unspecified fine and/or 10 years in jail.
SUMMARY
The amended regulations include:
- Mandatory medical examinations, isolation, and treatments for people with notifiable medical conditions, with an option to self-isolate for those with Internet access
- Mandatory face masks for indoor gatherings and public transport
- 1-metre physical distancing
- Employers to encourage work-from-home where necessary and restrict face-to-face meetings
- Travellers entering and leaving South Africa must have a vaccine certificate, or a negative PCR test no older than 72 hours
- Hand sanitisers must be placed at all entrances of public places to promote hand hygiene
- Restrictions on funeral attendance — During Covid–19, funerals are limited to 100 people.
- Restrictions on night vigils and after-funeral gatherings — Banned during Covid–19
- Restrictions on attendance at other gatherings — 50% of venue capacity, if attendees have vaccine certificates. Without proof of vaccination, attendance is limited to 1,000 indoors and 2,000 outdoors.
- The regulations also allow further restrictions to be implemented through other government departments.
- The Department of Health may give advice relating to curfews, a national lockdown, sports, economic activity, public transportation, religious and cultural practices, and the sale of alcohol.
Once the regulations are approved, the Department of Health said they would be implemented without being tabled in parliament, since it is subordinate legislation already delegated to the minister.