The Department of Health has gazetted limited regulations under the Health Act to enforce compliance with Covid-19 rules, such as the wearing of masks and social distancing, as it awaits finalisation of permanent changes to the country’s health regulations.
Minister of Health Dr Joe Phaahla has also extended the period for public comments on health regulations relating to the surveillance and control of notifiable medical conditions; public measures at points of entry; and management of human remains and environmental health by three months, with effect from today (May5). The new closing date for submissions is July 5.
“This extension is in line with statutory requirements and will afford the department sufficient time to go through and consider all comments and representations on the regulations. All members of the public who submitted comments in the initial public consultation process do not need to resubmit these comments as all comments already submitted will be considered as part of this process,” the department said in a statement.
It added that it had gazetted limited regulations for implementation with effect from today (May 5) “in order to ensure that there is no gap in terms of legal instruments to contain the spread of Covid-19 and future notifiable medical conditions”.
The gazetted regulations mainly focus on the requirement to wear face masks, gatherings and travellers entering the country.
“With regard to wearing a face mask, a person must, when entering and being inside an indoor public place, wear a face mask. This does not apply to children at school. Again, under these limited regulations, no person may use any form of public transport unless wearing a face mask,” the department said.
Gatherings are more clearly defined as “planned assembly or meeting at a particular venue involving more than 100 persons”.
According to the regulations, a maximum of 50% of the venue capacity may be occupied for indoor and outdoor gatherings, provided that every attendee is vaccinated against Covid-19 and can produce a valid vaccination certificate. Alternatively, attendees must produce a valid negative Covid-19 test result not older than 72 hours prior to the date of the gathering.
“If complying with this indoor gathering requirement is not possible, then attendance shall be limited to 1000 people or 50% of the capacity, whichever is smaller, while the attendance at an outdoor gathering shall be limited to 2000 people or 50% of the capacity, whichever is smaller,” the department said.
All international travellers arriving at South African ports of entry must be vaccinated against Covid-19 and produce a valid vaccination certificate or a valid negative PCR Covid-19 test result not older than 72 hours before the date of departure. Alternatively, travellers may produce a valid negative antigen Covid-19 test result performed by a medical practitioner, registered public health authority, or accredited/approved laboratory, obtained no more than 48 hours before the date of departure.
“In a case where an international traveller is unable to produce a vaccination certificate or a negative PCR test result older than 72 hours, or a negative antigen test result obtained at least 48 hours prior to departure, then he/she must undergo antigen testing at the port of entry,” the department said. If the person tests positive for Covid-19 in the antigen test, the traveller will still be allowed into the country but they must self-isolate for a period of ten days if they are experiencing symptoms of Covid-19. The vaccination or testing requirement is not applicable to travellers who are under the age of 12 and daily commuters from neighbouring countries.
Public comments on the proposed regulations must be sent to legalreviews@health.gov.za by July 5.
