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LEVEL 2 IS HERE: ALL CHANGES TO THE REGULATIONS

Last Saturday, the 15th August, President Ramaphosa announced that South Africa would move to Level 2 of the lockdown regulations from midnight of the 17th August (commencing on Tuesday), and the lockdown was extended to the 15th September.

The changes set out in the relevant Government Gazette are as follows:

Level 2 Regulations specific changes (without specific repetition of adherence to all health protocols and social distancing where applicable):

  1. Curfew changed to be between 22h00 and 04h00, except for travel by essential workers and/or security/medical emergencies (s50);
  1. Sale of alcohol by licensed premises for offsite consumption permitted again from Mondays to Thursdays (except public holidays) between 09h00 and 17h00 (s61);
  1. Sale of alcohol by licensed premises for onsite consumption permitted, subject to adherence to curfew (s61);
  1. Prohibition on sale of tobacco and related products removed;
  1. Access to bars, taverns, shebeens and similar establishments, limited to 50 persons or less (s55(2)(n)(vii));
  1. Social events can be held at a place of residence, subject to a limitation of 10 visitors or less (s55(1)(k));
  1. Removal of the general restrictions and prohibitions on movement of persons, including exercise times, subject to restrictions on specific gatherings and mandatory requirement to wear a face mask in public (s51);
  1. Persons undertaking vigorous sporting activity are not obliged to wear a mask during that activity (not excluding all other health protocols) (s55(1));
  1. Removal of the general restrictions and prohibitions on movement of children;
  1. Removal of the restrictions and prohibitions on interprovincial travel for any purpose, including for the purposes of attending funerals and other gatherings;
  1. Access to beaches and public parks (s55(2)(n)(iv));
  1. Access to sports grounds and fields (s55(2)(n)(ii));
  1. Access to swimming pools, limited to 50 persons or less (s55(2)(n)(iii));
  1. Access to fitness centres and gyms, limited to 50 persons or less (s55(2)(n)(i));
  1. Gatherings for weddings are now permitted, subject to a limitation of 50 persons or less (s55(2)(j));
  1. Gatherings for concerts and live performances are now permitted, subject to a limitation of 50 persons or less (s55(2)(f));
  1. Access to events at function venues, limited to 50 persons or less (s55(2)(m));
  1. Access to accommodation establishments and tour operators, limited to 50% or less of available floor space and subject to social distancing (s55(2)(n)(ix));
  1. Additional prohibition under evictions to include a prohibition on demolishing a person’s place of residence in addition to prohibit evictions unless there is an eviction/demolition order, with courts empowered to grant eviction/demolition orders but also empowered to suspend those eviction/demolition orders in appropriate cases until after the national lockdown period (s53);
  1. Additional requirements/provisions for Rental Housing Tribunals and rental housing regulations during the national lockdown period (s54);

Notable Regulations for the public which remain in place under Level 2:

  1. Funerals remain limited to 50 persons maximum, with face masks remaining mandatory and night vigils still prohibited (s52);
  1. Gatherings which are not prohibited, subject to specific restrictions, include:
  1. Faith-based institutions;
  2. Funerals;
  3. Workplaces for work purposes;
  4. Conferences and meetings for business purposes;
  5. Cinemas;
  6. Theatres;
  7. Casinos;
  8. All auctions;
  9. Sporting activities (with strict restrictions on who can be present, which excludes spectators at venues, and international sport events being prohibited completely);
  10. Museums, galleries, libraries and archives;
  11. Personal care services, including hairdressing, beauty treatments, make-up and nails salons and piercing and tattoo parlours;
  12. Restaurants;
  13. Restrictions on public transport remain in place (s60);
  1. Nightclubs remain closed (s56);
  1. International borders and travel restrictions remain in place (s59);
  1. Controlled visits by members of public to various detention facilities, to health establishments and facilities for visiting purposes, and to older persons’ residential facilities remain prohibited (s58);
  1. Initiation practices remain prohibited (s57);
  1. Specified economic exclusions (as amended), and the retention of business-related health protocols and requirements (s62 and 63).

Author – Murray Taylor

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