Motorists fined for not wearing masks in KwaDukuza despite vague regulations

Vague regulations regarding when to wear a face mask have seen municipal and traffic officials seemingly applying their own interpretations as motorists are being fined for driving private vehicles without a face mask.

Lockdown regulations require all citizens to wear a face mask in public.

But motorists argue that they should not be fined for driving without a face mask when travelling alone in their private vehicle, which can be considered a private space.

The masks could also be a danger to drivers, many reporting that masks cause their glasses to mist up.

Veronica O’Dwyer of Wiesinger O’Dwyer Incorporated said her interpretation of the law was that a private vehicle was considered a private space because the public do not have access to it.

O’Dwyer said regulations published to date made no reference to the need for wearing a face mask in a private vehicle.

Regulations bearing reference to transport and the use of face masks are only aimed at public transport and, according to that specific regulation, ‘no person shall be allowed to use any form of public transport, or enter a building, place or premises, if they do not wear a cloth face mask or a homemade item that covers the nose and mouth when in a public place, or another appropriate item to cover the nose and mouth’.

She said there was one exception.

On May 7 a government notice was published stating that a person who needs to travel to his or her new place of residence and to transport goods, which are limited to household furniture and effects, is permitted to do so between May 7 and June 7.

This would be allowed provided that legislation – including wearing face masks – was followed.

However, the directions only made reference to people relocating and transporting goods (by private vehicle) and was not a direction of general application, explained O’Dwyer.

“There appears to be no requirement in the act or the regulations or directions which compels the driver of a private motor vehicle travelling alone to wear a face mask at all times throughout the journey.”

When we put this to KwaDukuza municipal spokesperson Sipho Mkhize, he said motorists not wearing face masks would be fined.

“Anyone who leaves home without prescribed personal protective equipment will be subject to the might of the law,” he said, adding that if you do not have gloves, sanitiser should be carried with you.

Gloves have not been referenced in government regulations.

According to Mkhize, outside of the normal checking procedure officials follow at roadblocks, additional checks have been added.

“We are looking at reduced capacity specifically, preferably no more than two people per private vehicle.”

Mkhize said transgressors could expect admission of guilt fines ranging between R500 and R5 000 if found to be contravening the National Disaster Management Act.

“We need people to take these regulations seriously. As of Sunday the iLembe district had 283 confirmed cases of Covid-19, with more than 260 in KwaDukuza municipality. If your travel is not essential, please stay at home,” he said, adding that people could face jail time for violating regulations.

Director of Public Prosecutions, advocate Elaine Zungu has weighed in on the matter saying that regulations state that no person will be allowed to enter a public transport vehicle without a mask or similar item.

“The regulations however do not make the failure to wear a mask an offence,” she said.

“It does however place a mandatory duty on every citizen to wear a mask. All South Africans must by now be aware of the reasons why wearing a mask is vital.”

She said that citizens should bear in mind that if a law enforcement officer is attempting to enforce that a person wear a mask, and that person failed to cooperate, the officer may (in terms of Regulation 31(1)(b)) arrest the citizen for obstructing the officer from performing his or her duties.

“As a result, although no fine can be issued for a person not wearing a mask, it is requested that as responsible citizens we wear masks.”

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