Six interesting lockdown level 3 questions answered

South Africa was declared a State of Disaster 151 days ago, and has been under lockdown for 141 of those days.

Since March 26 our right to freely move about, trade, travel, and interact with others has been severely restricted by the South African government in an attempt to curb the spread of Covid-19.

South African courts have however now found some lockdown rules to be ‘unconstitutional and irrational’.

Expert evidence makes a strong argument questioning the reasoning behind the lockdown, perceived as draconian in some quarters.

The very structure heading up government’s Covid-19 response – the National Coronavirus Command Council – may have been unlawfully called to life, and yet South Africans are still being subjected to innumerable and on-going lockdown rules.

According to legal advisor, Helene Eloff some rules may seem contradictory. Others must be read together in a way that, she said, no average South African without a legal background could reasonably be expected to do.

Caxton Local Media looks at some interesting questions about lockdown regulations, with Eloff offering her opinion:

• I own more than one home and want to travel between them. May I?

If the two homes are located within the same province, you may. If not, you will only be able to travel between these homes for a purpose recognised by the regulations and with the appropriate permit.

If you need to travel between provinces for work and need a permit template to be filled out by your employer, click here.

• A law enforcement officer alleged that I contravened the lockdown regulations and wanted me to pay a fine. I paid, but don’t believe I had done anything wrong. Do I have any recourse?

Yes. If this has happened to you, you should approach the relevant court or the police to determine whether the fine you paid amounted to an admission of guilt. If you effectively admitted to a crime you did not commit, you may approach the court to have that admission set aside. You should instruct an attorney to assist you. Click here to read more about this process as explained by criminal law expert, William Booth.

• I am a South African citizen stranded in another country. How do I arrange for repatriation?

According to Regulation 41 of the lockdown regulations, borders are still closed for most of us. However, directions and communications from relevant departments have listed exceptions, including repatriations. This video provides more detail.

You can contact the 24-hour DIRCO Command Centre on +27 12 351 1754 or +27 12 351 1756 or email cicc1@dirco.gov.za or cicc2@dirco.gov.za.

The Department of Home Affairs may be contacted via e-mail on minister@dha.gov.za or HACC@dha.gov.za cc: veronica.loving@dha.gov.za; modiri.matthews@dha.gov.za.

Contact details for the Embassy / Consulate / High Commission can be found at the following link :

https://www.dirco.gov.za/foreign/sa_abroad/index.htm

Applications for permission to return to South Africa based on exceptional circumstances must be supported by a copy of your passport and a copy of your temporary residence visa if available.

• What do the lockdown regulations say about renting self-catering accommodation?

If the self-catering venue falls within one of the categories set out in lockdown regulation 39 and is in the province where you reside, you will be able to sleep there as long as you remain indoors between 22:00 and 04:00.

Regulation 39 indicates that “hotels, lodges, bed and breakfasts, timeshare facilities and resorts and guest houses” may be used for intra-provincial leisure purposes.

Regulation 33 indicates that South Africans who seek to travel for leisure purposes may do so only within provincial boundaries. If the self-catering venue is in the same province as your home, travelling there will be lawful.

• I bought something in another province. Can I drive through to fetch it?

According to the most recently amended version of South Africa’s level 3 lockdown regulations, we may travel intra-provincially for any reason without a permit. Interprovincial travel, however, will only be allowed for work purposes if the work you are doing is permitted, and if you have the necessary permit. All economic activities are allowed, except those listed in the infographic below.

An example: If you are a mechanic and you bought an engine part in another province, I cannot imagine that travelling to fetch that part would be a contravention of the lockdown rules. However, ensure that you have the correct permit on hand.

• Recap: Which permits exist for interprovincial travel?

Caxton local media provides copies of all existing permits that authorise interprovincial travel. Form 2A is issued by employers for work purposes. Forms 3A and 3B are issued by heads of educational institutions to attendees and those who transport attendees. Form 4 permits interprovincial travel for funerals and is issued by either the police or a magistrate.

Form 5 is an affidavit that is filled out pursuant to Form 4 where no death certificate of the deceased is available. Form 6 is titled “Sworn affidavit by person who intends to travel to and from another province during alert level 3.” Its content refers to moving between residences, but the regulations indicate that it may be used for other purposes as well. Form 6 is officiated at a police station or magistrate’s office. If you are unsure whether Form 6 applies to your situation, you should ask the relevant police official or magistrate for guidance.

Click here to access Form 5 and Form 6.

At the time of publication, more than 573 000 South Africans had been infected with the virus, and more than 11 000 had died. While the information above should not be construed as legal advice in relation to any specific scenario, we can advise readers to stay safe by practising social distancing, sanitising regularly and staying home as much as possible.

Notice: Coronavirus reporting at Caxton Local Media aims to combat fake news

Dear reader,
As your local news provider, we have the duty of keeping you factually informed on Covid-19 developments. As you may have noticed, mis- and disinformation (also known as “fake news”) is circulating online. Caxton Local Media is determined to filter through the masses of information doing the rounds and to separate truth from untruth in order to keep you adequately informed. Local newsrooms follow a strict pre-publication fact-checking protocol. A national task team has been established to assist in bringing you credible news reports on Covid-19.
Readers with any comments or queries may contact National Group Editor Irma Green (irma@caxton.co.za) or Legal Adviser Helene Eloff (helene@caxton.co.za).