Tag Archive for: SA Government

Andrew Stegmann
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New COVID Hotspot Rules for South Africa

Cooperative Governance and Traditional Affairs minister Nkosazana Dlamini-Zuma has published a series of gazettes which officially introduce localised hotspot restrictions in South Africa.

The gazettes give effect to an address made by president Cyril Ramaphosa on Thursday evening (3 December), in which he announced that local restrictions will be introduced for the Nelson Mandela Bay area.

While the Metropole is specifically provided for in the first gazette, Dlamini-Zuma also published a second gazette which introduces the concept of ‘hotspots’ under the current level 1 lockdown restrictions.

This section is not specific to any one area, but rather provides generalised rules for hotspot areas which could arise in the country going forward. They also provide more information than what was announced during Ramaphosa’s address.

A third explanatory gazette has confirmed that, other than in the Nelson Mandela Bay metropolitan area, lockdown level one measures will continue to apply until further notice.

You can read more about the hotspot rules below.

Movement of persons

Every person is confined to his or her place of residence from 22h00 until 04h00 daily, except where a person:

  • Has been granted a permit to perform a service other than an essential service; or
  • Is attending to a security or medical emergency

Attendance of funerals

Attendance at a funeral is limited to 100 persons or less, provided that not more than 50% of the capacity of the venue is used, with persons observing a distance of at least one and a half metres from each other.

  • Night vigils are not allowed;
  • After -funeral gatherings are not allowed in areas determined as hotspots;
  • During a funeral, a person must wear a face mask and adhere to all health protocols and social distancing measures.

Sale and dispensing of liquor

For purposes of an area determined as a hotspot, the sale of liquor by licensed premises for off-site consumption is only permitted from 10h00 to 18h00, from Mondays to Thursdays, excluding Fridays. Saturdays, Sundays and public holidays.

The consumption of liquor in public places, except in licensed on-site consumption premises, is not permitted. The sale and/or consumption of liquor in contravention of the above is an offence.

Gatherings

Every person, when attending a gathering and in order to limit exposure to Covid-19 must:

  • Wear a face mask;
  • Adhere to all health protocols;
  • Maintain a distance of at least one and a half metres from each other; and
  • Adhere to any other health protocols and social distancing measures as provided for in directions issued by government.

An owner or operator of any indoor or outdoor facility where gatherings are held must display the certificate of occupancy which sets out the maximum number of persons the facility may hold.

Gatherings at faith-based institutions, workplace functions, political events, and other social events are limited to 100 persons or less in case of an indoor gathering, and 250 persons or less in case of an outdoor gathering. This is provided that no more than 50% of the capacity of the venue is used, with persons observing a distance of at least one and a half metres from each other.

Gatherings at cinemas, theatres and occasions are allowed provided they do not exceed 50% of venue capacity.

Sports grounds, fields, beaches, public parks,  museums, galleries, libraries and archives will all remain open, subject to social distancing measures.

Offences and penalties 

Any person who fails to comply with or contravenes one of the above regulations commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both a fine and imprisonment.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].

Andrew Stegmann
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Updated COVID Rules for South Africa: Travel, Self-Quarantine and Repeat Testing

Government has updated its Covid-19 rules relating to travel and isolation under South Africa’s level 1 lockdown.

In a series of gazettes published last week, the Department of Health and Department and Transport outlined updated rules for both entering and leaving the country, the tests required, as well as the quarantine periods.

Government has also extended the validity date for driver’s licences which expired during the lockdown period.

You can find the key changes outlined in more detail below.

Persons exiting the country

  • A person exiting the country through a point of entry must be subjected to screening, including the completion of a traveller health questionnaire;
  • A person who, during screening, is found to have had exposure to Covid-19 or is presenting with any signs and symptoms of Covid-19 must be subjected to a medical examination which may include testing;
  • Based on the outcome of this medical examination, the director-general of Health or any delegated person may make a decision on whether or not the person is allowed to exit the country;
  • Persons found to have contracted Covid-19 pursuant to testing, must be placed under mandatory isolation or hospitalisation;
  • Persons placed under isolation may be permitted to self -isolate at their own private residence if they comply with the prescribed criteria.

Persons entering the country

  • A person entering the republic must be subjected to screening on arrival at the point of entry, including the completion of a traveller health questionnaire;
  • A person who, during screening, is found to have had exposure to Covid-19 or is presenting with any signs and symptoms of Covid-19, must be subjected to a medical examination which may include testing and isolation;
  • A person entering the republic must on arrival at the point of entry, provide to the port health official the following – a completed Traveller Health Questionnaire; and a valid negative Covid-19 Polymerase Chain Reaction (PCR) test result, not older than 72 hours from the date of departure from the country of origin;
  • A person who is not in possession of a valid negative Covid-19 PCR test result will be subjected to antigen testing at the point of entry and may be subjected to quarantine at an approved facility at his or her own cost;
  • A person who is subjected to quarantine must, on arrival at the point of entry, complete and sign a written declaration committing to adhere to quarantine requirements; (b) will be liable for all costs related to testing, quarantine and transportation;
  • Persons entering the Republic are encouraged to install the Covid Alert SA mobile application on their mobile phones;
  • A person who experiences any signs and symptoms consistent with Covid-19 whilst in the country, must seek medical attention and inform the medical practitioner of his or her travel history;
  • The gazette makes special dispensation for airline crew, daily commuters, freight operators, medical staff and children.

Cost of quarantine

The gazette states that a traveller entering the republic or his or her employer must bear the cost of quarantine and isolation.

  • The employer must bear the costs of the quarantine and isolation of airline crew and cross border freight operators;
  • Employers who wish to have their employees in quarantine or isolation facilities of the employers’ choice must pay all costs incurred;
  • Monitoring and testing of travellers in quarantine or isolation facilities remain the responsibility of the traveller or employer.

Self-quarantine and self-isolation

The 10-day period of quarantine and isolation applies to persons:

  • Entering the country without valid (health documentation) who are subjected to quarantine;
  • Who upon entry, have been screened and found to be Covid-19 positive or suspected of having contracted Covid-19;
  • Who are inside the Republic and have to be quarantined, either because they are suspected of having contracted Covid-19 or of having been in contact with a person who is a carrier of Covid-19, or isolated because they are confirmed as clinical or laboratory cases having contracted Covid.

Repeat testing 

Repeat testing is not required in order for a person to de-isolate. A close contact who tests positive (symptomatic or asymptomatic) must be managed as a confirmed Covid-19 case.

If testing cannot be conducted, a symptomatic close contact must self -isolate and be managed as a probable Covid-19 case.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].

Andrew Stegmann
,

South Africa: Employers Can Ensure Compliance With POPIA Quickly and Easily

This information was provided by Bowmans.

The Protection of Personal Information Act (POPIA) has far-reaching implications for employers that collect, hold, transfer and use employees’ personal information, and many are unsure about how to meet the fast-approaching deadline for compliance.

To help their clients overcome this challenge, Bowmans has developed a POPIA Toolkit for Employers that provides the documentation employers would need to ensure minimum compliance with POPIA by 30 June 2021.

If further guidance is published by the Information Regulator between 1 January and 31 December 2021, the contents of the Toolkit for Employers will be updated.

Using the Toolkit for Employers should enable employers to:

  • appoint and register an Information Officer and Deputy Information Officer/s with the Information Regulator;
  • comply with the duties imposed on the Information Officer, which include preparing a processing notification to employees and a compliance framework;
  • update their manuals in terms of the Promotion of Access to Information Act;
  • enter into POPIA-compliant agreements with operators, such as payroll providers, that process personal information on their behalf; and
  • understand the provisions of POPIA, with a particular focus on the conditions for the lawful processing of information and the rights of employees.

The consequences of non-compliance are significant and include hefty administrative fines of up to ZAR 10 million. This would be in addition to any reputational damage and costs an organisation may suffer as a result of failing to comply.

The Bowmans POPIA Toolkit for Employers should provide much-needed peace of mind that employers are doing the right things – and doing them timeously.

The POPIA Toolkit for Employers will be available from today (3 December), for a total once-off fee of ZAR 20 000 plus VAT. It can be ordered by sending an email to POPIAtoolkit@bowmanslaw.com.

In addition, if you would like to conduct document reviews to assess your internal compliance, Bowmans has fully trained their artificial intelligence tool, Kira, to assist with these types of instructions.

Please contact Talita Laubscher in Bowmans’ South African Employment and Benefits Practice to discuss your requirements in more detail.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].

Andrew Stegmann
,

South African Government Plans to Update the Country’s ID System

South African President Cyril Ramaphosa’s cabinet has approved the Official Identity Management Policy for public comment.

In a recent media briefing, minister in the Presidency Jackson Mthembu said that the policy proposes a number of changes to existing legislation including the Identification Act and Alteration of Sex Description and Sex Status Act, to align them with the Constitution and the Protection of Personal Information Act.

“It also proposes the integration of the national population register to enable a single view of a person with features to interface with other government and private sector identity management systems,” Mthembu said.

“It will integrate the current systems into a biometric-enabled National Identity System. The new proposed population register will form the basis of an official e-identity which will serve as the backbone of state and private digital platforms.”

In June 2019, International Relations and Cooperation minister Naledi Pandor said that the government is working on a new ID system that will provide a single source of information about all clients, using both biographic and biometric technologies.

“The new national identity system South Africa seeks to build will serve as a master source for civics and immigration management,” she said.

“The modernisation of South Africa’s Home Affairs, when fully and successfully implemented, will re-engineer and automate most of the key processes of the department and yield a significantly enhanced national identification system, and a credible national population register.”

Pandor said that some of the key elements of the system include:

  • Records of persons throughout their lifespan;
  • Birth, marriage and death records of residents (citizens, permanent residents, asylum seekers and refugees);
  • All persons entering the country will have their biometrics captured during the visa application process or at the point of entry;
  • Processing and storing of asylum seekers and refugees’ applications;
  • Records of visitors who enter and leave the country;
  • Records of illegal persons in the country.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].