Sarah Page of Palm Lakes Estate writes:
We are a family of two adults and two children under three years old living in a middle floor, two bedroom flat. We feel as if we are being held prisoner.
Palm Lakes HOA threatens to fine us R5000 if we leave our door.
According to them, we cannot allow the kids on the 900 square metres of commonly owned garden we see in front of our little block.
We cannot let the kids play in our parking bay or in the parking lot.
We cannot use private gardens offered to us while other residents are away for the duration of the lockdown.
Palm Lakes give sarcastic, uncaring or condescending replies to my emails.
They maintain that we must remain inside our flat for the duration of the lockdown.
I cannot find anything in the government gazette to support this (the gazette mentions not congregating on common property but does not say an individual family can’t set foot on the grass).
I have found two radio interviews where Bheki Cele says that estates are grey areas, in one he says people cannot be arrested for walking around a private estate, in another he says individuals may walk in an estate but not in groups and that they rely on the good will of South Africans.
He says that this lockdown is not intended as a punishment.
We feel as if it is inhumane to expect these little people to be locked indoors for such a long period of time when there are so many safe options.
Small children have a basic need for physical activity, it’s not just for our own entertainment.
Other estates allow jogging and dog walking.
One even allows fishing so long as people adhere to social distancing, meanwhile Palm Lakes won’t let me use a friend’s empty, private garden.
Royal Palm Home Owners’ Association chairman Ray Ayres replies:
The HOA is acutely aware of the plight of this and other families confined to their homes during this difficult lockdown time, and we really feel for them.
Palm Lakes currently has 394 apartments, so there are many families and elderly singles and couples experiencing similar issues.
However, we have a duty as a Home Owners’ Association to comply with the regulations made under the Disaster Management Act, and moreover a duty to all of the Palm Lakes population to do our utmost to protect them from a spread of the virus.
The simple way of curbing the spread of the virus is to avoid, as far as possible, unnecessary contact with others, or surfaces and objects that may bear the virus.
This limits the chance of a parent, or child, from perhaps unknowingly passing on a virus they may be carrying, or picking up the virus from someone or something else.
By families staying within the confines of their own home they offer themselves and others the best possible protection.
We know there has been some confusion as to what rules estates such as ours should enforce, particularly arising from some radio interviews with government ministers.
The issue was clarified beyond any doubt by the South African Police, who issued the clarification repeated below, and reinforced by CSOS.
We know of other estates in the Ballito area who have taken a different view to our own, but we are convinced that our estate is offering its residents the best possible protection, and protection which is no less than that required by the law.
Our best wishes go out to all our residents and the greater Ballito population during our nation’s struggle with this pandemic.
South African Police Service: Important notice regarding security estates
“Following several enquiries about residents being able to walk or jog within their security estates/complexes.
The regulations also apply to people living within estates/complexes meaning NO walking, jogging or walking of pets within closed estates/complexes is allowed.
All estate/complex managers must assist by ensuring that these regulations are enforced with immediate effect.
The fundamental purpose of lockdown is to drastically reduce the movement of people in order to prevent the spread of the Covid-19 virus.
Your assistance in this regard will be highly appreciated.”
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