UPDATED
This register contains the legal references for managing the COVID 19 pandemic insofar as it impacts on Health and Safety Liability. As such, it has application in operations governed under both the Occupational Health and Safety Act and the Mine Health and Safety Act. LCS will ensure that the register remains updated.
Where the legislation has a direct impact on operational requirements, this is mentioned under the Requirements column.
Please contact us should you require any information on managing your legal exposures!
JACO SWARTZ
Managing Director
Legislative Compliance Specialists (Pty.) Ltd.
082 898 9463
jacos@legalcs.co.za
| Nr | Date | Legislation | Description | Impact | Requirements |
| 1 | 15 March 2020 | Disaster Management Act | Declaration of COVID 19 Pandemic as National Disaster | Take note | |
| 2 | 15 March 2020 | Disaster Management Act | Declaration of a National State of Disaster | Allows for the making of Regulations to deal with State of Disaster, may amend/override current legislation | |
| 3 | 18 March 2020 | Disaster Management Act, Regulations | Making of Regulations to deal with practical matters | Prohibits gatherings in excess of 100Allows for mandatory testing Allows for mandatory quarantining Suspends schools Places restrictions on restaurants, taverns etc. | |
| 4 | 25 March 2020 | Disaster Management Act, Regulations | Making of Regulations to amend previous Regulations | Restricts individuals to places of residence Allows for essential services to be performed Prohibits all gatherings except funerals Prohibits movement between provinces Prohibits travel between metropolitan and rural areas Allows for Ministers to identify and allow certain activities Prohibits all public transport except for essential services | Stop all activities except for essential servicesIdentify employees engaged in essential services Designate employees in writing Take into account restrictions of transport for employees/50% of capacity (amended by later Regulations) |
| 5 | 26 March 2020 | Disaster Management Act, Regulations | Making of Regulations to regulate Port Operations | Prohibition of cruise shipsStipulations on controls at ports | |
| 6 | 26 March 2020 | Disaster Management Act, Regulations | Making of Regulations to regulate matters relating to Justice and the operation of Courts | Take note | |
| 7 | 26 March 2020 | Disaster Management Act, Regulations | Making of Regulations to amend previous Regulations | Identifies requirements for care and maintenance Allows Ministers to give directions related to care and maintenance Confirms 50% capacity for public vehicles Allows 60% capacity for private vehicles Allows for critical maintenance which cannot be delayed for 21 days and is essential for resumption of activities | Take note of Minister of Mineral Resources and Energy’s authority to make directives regarding continuation of operations. Implement policy on critical maintenance which cannot be delayed for 21 days and is required for start-up |
| 8 | 26 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Employment and Labour | Giving of a Directive relating to the Temporary Employer/Employee Relief Scheme Sets out framework for employers facing a loss as a result of closing of operations | Take note of minimum requirements and application process |
| 9 | 26 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Communication and Digital Technology | Duty to broadcast community service announcementsAdministrative issues for licence holdersDuty to remove fake news | |
| 10 | 26 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport (Air Transport) | Prohibition of international and local flights Duties of licenced airports | Stop all flying activities |
| 11 | 26 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Rail Transport) | All operators must develop a COVID 19 management plan and submit this to the Regulator Develop plans and procedures to mitigate risk of COVID 19 transmission | Develop plan and submit to RSR Develop plans dealing with health and awareness, handover point management etc. |
| 12 | 26 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Cross Border Transport) | Deals with issues related to cross border: Prohibits cross border passenger transport Allows for goods transport from neighbouring countries | |
| 13 | 26 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Public Transport) | Requires provision of facilities (sanitizer etc.) by public transport facility owners Requires sanitization of vehicles Drivers to wear masks etc. Only transport of persons performing essential services allowed Times of transport only to be between 05h00 – 09h00 and 16h00 – 20h00 NOTE: Superseded on 30 March 2020Stipulates the maximum amount of persons to be carried per category of vehicle | Take note of requirements when employees are transported by public transport for the performance of essential services Note that this applies to the providers of “public transport” for reward |
| 14 | 26 March 2020 | Mine Health and Safety Act | Guiding Principles on the Prevention and Management of COVID-19 in SAMI | The Chief Inspector issued a Guideline for COVID 19 management and response. | Compile a COVID 19 procedure in compliance with the Guideline |
| 15 | 26 March 2020 | Occupational Health and Safety Act | Exemption of DMR 18 (11) | The Chief Inspector of the Department of Employment and Labour issued an exemption that impacts on lifting equipment operators:Driven Machinery Regulation 18(11) prescribes the training requirements for lifting equipment operators. The exemption will allow operators with licenses expiring in the lock down period to operate lifting tackle and equipment | OHSA Operations Take note of exemption, Retrain within 90 days after suspension of lock down MHSA Operations While the Chief Inspector of DoEL does not have authority over mines, Section 103 makes certain provisions of the OHSA applicable where the MHSA is silent,The MHSA does not prescribe the competence for lifting equipment operators As such, where an operators’ authorisation expires, we suggest referencing the DoEL exemption in an emergency authorisation, listing additional controls etc. as the exemption in itself is not sufficient. |
| 16 | 27 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Air Transport) | Lists airports permitted to handle international cargo flights. | |
| 17 | 27 March 2020 | Competition Act, Regulations | Making of Regulations by Minister of Trade, Industry and Competition | Exemption from anti-competitive prescriptions for Hotel operators for the purpose of providing quarantine facilities | |
| 18 | 27 March 2020 | Trade Administration Act, Regulations | Amendment of Regulations by Minister of Trade, Industry and Competition | Prohibition on the export of certain types of goods (sanitizers, breathing appliances etc.) | |
| 19 | 30 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Social Development | Details steps to be taken by Department of Social Development insofar as COVID 19 is concerned, including dealing with: Child and youth care centres, Halfway houses, Substance abuse and treatment centres, Old age homes etc. | |
| 20 | 30 March 2020 | Municipal Finance Management Act, Exemption | Making of Directive by Minister of Finance | Exempts Municipalities from the requirement to take certain administrative actions within 30 days | |
| 21 | 30 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Cooperative Governance and Traditional Affairs | Instructs Municipalities to suspend certain activities, including council meetings Administrative instructions in dealing with operational issues | |
| 22 | 30 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Public Transport) | Previous Directives in terms of transport is amended to: Allow for buses and taxis to operate between 05h00 and 20h00 NOTE: Superseded 31 MarchExtends period of validity vehicle and driver’s licencesRail logistics services are declared an essential service | Take note of:Extended hours of operation Validity periods of licences Rail logistics services as an essential service |
| 23 | 31 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Justice and Correctional Services | The directive deals with the administration of justice during the lock-down period | Take note of the direction insofar as current permissions, exemptions etc. is concerned |
| 24 | 31 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Forestry, Fisheries and Environment | Directions apply to: National Environmental Management Act National Environmental Management: Waste Act National Environmental Management: Air Quality Act Timeframes dealt with in the legislation is extended for the duration of the lock down period Appeals will not be processed for duration of lock down Certain exemptions will be extended for the duration of the lock down period Certain reporting requirements in terms of atmospheric emissions are pushed to 30 April 2020 | |
| 25 | 31 March 2020 | Public Finance Management Act | Exemption by Minister of Finance | Institutions are exempted from certain deadlines for the 2019/2020 financial year | |
| 26 | 31 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Air Transport) | Allows for repatriation by air for foreign nationals Sets minimum requirements for aircrews involved in repatriation flights Sets standards for South Africans abroad to be repatriated by air Allows for certain technical flights (emergencies, overflights, relief aid etc.) | |
| 27 | 31 March 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Public Transport) | Allows for mini/midi busses to travel to pick up points 1 hour before and after permitted transport times (05H00 to 10H00) and , correspondingly 1 hour before and after 16H00 and 20H00 Allows for companies to make arrangements for transport of employees performing essential services to suit shifts, operational requirements etc.States separate loading requirements for mini/midi buses based on the wearing of protective equipment NOTE: Superseded 2 April 2020 | Take note where employees make use of mini bus taxis for transport. Take note of right to make arrangements for transportation of employees. Operating times/schedules/shifts should be signed and stamped |
| 28 | 2 April 2020 | Disaster Management Act, Directive | Making of Regulations by Minister of Cooperative Governance and Traditional Affairs | Previous directives and Regulations are amended by: Allowing for essential staff to travel between metropolitan areas and districts Allowing persons with permission form a minister to enter the country for emergency medical services Stipulates conditions for travel related to funerals, including obtaining a permit Bus services may not exceed 50% capacity Taxi services not to exceed 70% capacity Private vehicles may not exceed 60% capacity Stipulates the requirements for contact tracing and associated record keeping | Note travel permission for employees performing essential services Note the loading restrictions for road vehicles |
| 29 | 2 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Tourism | Directive deals with hotels and similar establishment catering for tourists under quarantine | |
| 30 | 3 April 2020 | Competition Act | Making of Regulations by Minister of Trade, Industry and Competition | Deals with the administrative process for complaint referrals in terms of the Consumer Protection Regulations as a result of the declaration of a state of emergency. | |
| 31 | 6 April 2020 | Mine Health and Safety Act | Request for Protocol by Principal Inspector: Northern Cape Region | The PI requested that proof of compliance with the Guiding Principles on the Prevention and Management of COVID-19 in SAMI be forwarded. | Deliver proof of compliance with Guiding Principles |
| 32 | 6 April 2020 | Disaster Management Act, Directive | Amendment of Directive by Minister of Communications and Digital Technologies | Places a duty on service providers to zero rate COVID 19 sites | |
| 33 | 6 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Small Business | Stipulates requirements for informal food traders to operate under lock down Only allows for essential goods to be soldRequirement for all staff to carry essential staff authorisations etc. | |
| 34 | 6 April 2020 | Independent Communications Authority Act | Making of Regulations by Acting Chairperson | Prescribes requirements for holders of ICASA licences | |
| 35 | 7 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Public Transport) | Categorises the different capacities for vehicles:Public transport sedan: 50% of permissible passenger capacity Minibus licenced for 10 persons: 7 passengers Minibus licenced for 15 persons: 10 passengers Midibus licenced for 22 persons: 15 passengers | Take note of maximum carrying requirements |
| 36 | 7 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Social Development | Regulates role of social workers during lock down Deals with movement of children between co-holders of parental rights | |
| 37 | 7 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Transport(Sea travel) | Prohibits passenger vessels from disembarking in South Africa Allows for certain South African passengers or crew to disembark Deals with emergency assistance to vessels | |
| 38 | 8 April 2020 | Competition Act | Making of Regulations by Minister of Trade, Industry and Competition | Exempts certain suppliers of medical and hygiene supplies form the provision of the Regulations | |
| 39 | 8 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Health | Stipulates the requirement for the recruitment of additional health personnel Allows for a one week recruitment process Allows for sourcing of resources from various sources, including retirees Deals with waste disposal of infected materials, dealing with human remains etc. | Take note of medical waste disposal issues |
| 40 | 8 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Employment and Labour | Amends previous directive of 25 March | |
| 41 | 9 April 2020 | Nursing Act | Notice regarding fees | The notice zero-rates fees for nursing practitioners wishing to restore registration with the Nursing Council This only applies to nurses wishing to provide support for the management and treatment of COVID 19 | |
| 42 | 9 April 2020 | Customs and Excise Act | Notice regarding payment if duties | Exempts foreign based ships from paying duties on stores consumed while in harbour or traveling between harbours in South Africa during the state of disaster | |
| 43 | 9 April 2020 | Disaster Management Act, Directive | Making of Directive by Ministers of Health and Trade, Industry and Competition | The directive details that some call centres providing essential services may be in operation Requires operating call centres to take certain steps including risk assessments, social distancing etc. | |
| 44 | 9 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Justice and Correctional Services | The Directive places restrictions on the placement, movement and release of inmates | |
| 45 | 9 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Sport, Arts and Culture | Terms of office of boards or councils of public entities extendedAll sports, cultural and religious events in stadiums prohibited | |
| 46 | 11 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Mineral Resources and Energy | The Minister has given directives insofar as the MPRDA is concerned, dealing with licensing, consultation, appeals and compliances processes. Timeframes for renewals and appeals etc. are extended by the duration of the lock down period, Extension of timeframes in MPRDA directives, notices orders and instructions for the duration of lock down period Dates for submission of Broad Based Socio-economic Empowerment Charter extended to 1 June All other report deadlines extended by number of days of lock down duration | Take note of timeframes for reporting requirements NOTE: Notice applies to MPRDA and not MHSA. |
| 47 | 14 April 2020 | Disaster Management Act, Regulations amendment | Summary of Amended Regulations | The Minister of Co-operative Governance and Traditional affairs originally amended the DMA Regulations on 25 March. This Notice contains the amendments in Afrikaans and SeSotho.No new Regulations are contained. | |
| 48 | 15 April 2020 | Independent Communications Authority Act | Numbering Plan Regulations | ICASA have published Regulations reserving the 111 area code for COVID 19 emergency services. Take note only. | |
| 49 | 15 April 2020 | Disaster Management Act, Directive | Making of Directive by Minister of Human Settlements, Water and Sanitation | The Directive contains mechanisms for managing the spread of COVID 19 for use by water boards, municipalities, water use associations and other defined categories of irrigation boards etc. Establishes the National Disaster Water Command Centre. | |
| 50 | 16 April 2020 | Disaster Management Act, Regulations Amendment | Amended Regulations | The amended Regulations cover the following: The previous Regulations remain in force until 30 April 2020. It further states that all directives remain in place until suspended by the Minister in question. It confirms that lockdown will end at 23H59 on 30 April 2020. Essential services are extended to include: emergency repair work (electricians, mechanics etc.) and ICT services for persons engaged in essential services. Mining is now specifically considered an essential service Regulation 11K deals with mining specifically. It requires: Screening and testing programmes must be implemented for employees returning, meaning all employees must be screened and where required, tested. It requires that the mining industry must make provision for quarantine facilities and does not place the obligation on the “employer” or “the mine”. It does however not preclude mines from making quarantine facilities available. This would however have to be risk based and aligned with international and NICD standards. It is also not clear whether this excludes self quarantining at home. It appears as if this is aimed at employees housed by mines. It requires that data be shared with authorities It requires mining companies to make arrangements for transporting employees from their homes to areas of operation. This again does not appear to be aimed at commuting from home to work, but rather where employees have been repatriated to their far off homes. The use of the wording “arrangements” is broad, and could include financial considerations. Cross provincial travel permitted for essential workers, subject to permits etc. SADC based employees are subject to their local jurisdictions’ lock down procedures The Regulations refer to 50% capacity as being the maximum, but does not stipulate whether this is in terms of staff or tonnages mined. | Take note of the specific requirements for permission to mine. Conditions must be met before mining may proceed at 50%. Also note specific issues related to transport across borders. Essential workers are permitted to travel across provincial boundaries and between metropolitan areas and districts.. Take note of the limited definition of the word quarantine, which in essence means keeping a potentially exposed person separated form others. |
| 51 | 20 April 2020 | Disaster Management Act, Regulations Amendment | Amended Regulations | The DMA Regulations, with specific reference to food as an essential good, has been amended.Specific reference is made to cooked hot food being excluded as an essential goods. | No hot food may be sold in canteens and shops on mines or in works.The strict interpretation would include food prepared off site but heated on site, e.g. pies etc. |
| 52 | 21 April 2020 | Disaster Management Act | Making of Directive by Minister of Justice and Correctional Services | The Minister has made a Directive dealing with the administration of justice in courts and the procedures related thereto during the lock down period. |