Law Society expresses its concerns about the current violent protests in the country

The Law Society of South Africa (LSSA) expresses its concerns about the current violence in our country and calls for calm and restraint.

As a constitutional democracy, South Africa recognises and protects the right for citizens to protest. The LSSA fully supports the right of people to protest within the confines of our law.

The loss and destruction of infrastructure and property mainly affect the workers and the poor, and the losses will not be easily nor quickly rectified. The legitimate protests of people must be respected; however, they must be in the confines of the law.

The destruction and looting of businesses and ransacking of liquor outlets also indicate opportunists hiding behind the fears and anxieties of the people protesting and highlighting their grievances and or concerns.

The LSSA’s views and its call for the cessation of violence during protests are informed by the following:

  • The current protests are fueled by a misunderstanding of the law and the role of the courts.
  • The violence that accompanies the protests is a threat to the rule of law, which is the core of and underpins South Africa’s constitutional democracy.

Regarding the above, the following principles of the rule of law must be emphasised:

the supremacy of law, equality of all citizens before the law, and the rights of individuals are enforced by our courts.

People who have concerns about our social fabric and injustices can utilise protests and other ways to express and engage on the issues without violence.

The function of ensuring justice is entrusted to the country’s independent judiciary, whose functioning is outside the government’s control, influence, and purview.

 

ISSUED ON BEHALF OF THE PRESIDENT’S SUBCOMMITTEE OF THE LAW SOCIETY OF SOUTH AFRICA, MR JAN VAN RENSBURG (PRESIDENT), MS MABAENG LENYAI (VP) AND MR MVUZO NOTYESI (VP)

 LSSA Communications:

Nomfundo Jele nomfundom@LSSA.org.za  Tel: (012) 366 8800 or 072 402 6344

Open letter to Acting Prime Minister of Eswatini and the SADC Troika

The Law Society of South Africa (LSSA) calls on the SADC Troika’s meeting with the Acting Prime Minister of Eswatini, Themba Masuku, to ensure that meaningful engagements are held with the country’s civil society and pro-democracy movements.

The LSSA has engaged with its legal counterparts in Eswatini and is dismayed at the reports emanating from a country that has denied access to information, banned the internet, and threatened lawyers who represent the protestors.

The legal profession has been under continued threat and detention for the past few years, which has now increased under the mass protest movement for democracy.

In this regard, we call on the South African Government, which continues to assist the Monarch King Mswati and the pseudo-Parliament to stay in power to make meaningful changes in South Africa’s foreign policy. We must hold South African businesses in Eswatini who are in partnership with the Monarch’s business interests and others as recently brought to the fore by the banning of the internet by the South African mobile service provider to account.  The company’s statement that this is in line with their human rights policy is, in reality, the opposite.

The LSSA calls for restraint from all parties to ensure that innocent lives are not continued to be lost.

Real peace and stability are found through meaningful change and commitment towards a democratic and equitable society founded on the principles of democracy, with free and fair participation in the economy.

Lawyers in Swaziland cannot freely represent their clients in fear of their lives and detention. The courts are denying bail and are perceived to be dictated to by the Parliament and the Monarch. Lawyers as judicial officers are being persecuted by the same courts that should protect them and the victims of abuse of power.

The central demand of the people is for the democratisation of the country’s economy and polity.

It is shameful that in this day and age (and in support of our brothers in Eswatini and many living in our country), political parties have been banned since 1973.

Two-thirds of the Upper House members of this Parliament and over 10% of the Lower House members are directly appointed by the King, whilst the Chiefs, under the Monarch, contest for the balance of seats in Parliament.

The people of Eswatini have been failed by both the Monarch and Parliament; clearly, the system of government has failed its people.

As upholding the rule of law is a fundamental mission of the LSSA, we have to place some of the tenets of the rule of law on record.

Accountability: All citizens and society, including the government, are accountable under the law.

Just laws: The laws are clear, publicised, stable, evenly applied and protect fundamental rights, especially human rights.  The laws also provide for access to information and the rights to peacefully protests.

Open government: The laws must be administered and enforced to be accessible, fair, and efficient.

Accessible and impartial dispute resolution: Justice is delivered timely by a competent, ethical, and independent judiciary.

Evident failings include:

Freedom of assembly and association.  Fundamental labour rights, due process of the law and rights of the accused are effectively guaranteed.

The public’s right to have access to independent and impartial courts.

The right to information and civic participation.

Failure of fundamental human rights, including everyday experiences of society, including access to primary public services.

The shooting of protestors with live ammunition.

 

Broadly speaking the rule of law is generally defined as:

‘The Effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices large and small. It is the foundation for communities of justice, opportunity, and peace — underpinning development, accountable government, and respect for fundamental rights. Traditionally, the rule of law has been viewed as the domain of lawyers and judges. But everyday issues of safety, rights, justice, and governance affect us all; everyone is a stakeholder in the rule of law.’

The LSSA believes the above should be used as guidelines by the Troika in dealing with their effort to bring peace in Eswatini, protect lives and property, and assist in setting the framework towards achieving the above goals. This is driven by ensuring democracy for the benefit of the people and the country to take their rightful place in Southern Africa and the African continent.

The LSSA will distribute this letter to its international partners, including the International Bar Association (IBA), The Pan African Lawyers Union (PALU) and the Commonwealth Lawyers Association (CLA), to champion the rights of the people and practitioners in Eswatini in the international structures and their respective stakeholders.

Kind regards

Electronically signed 9/7/21

LSSA President’s subcommittee

Mr Jan van Rensburg (President), Ms Mabaeng Lenyai (VP) and Mr Mvuzo Notyesi (VP)

 Email: LSSA@LSSA.org.za Tel: (012) 366 8800

Click here to download letter. 

LSSA publishes PoPIA guide for attorneys

The Law Society has published guidelines for attorneys on the Protection of Personal Information Act.  The guide and checklist is a basic guide to PoPIA and is not definitive.

Practitioners are required to apply their mind to the practice, the clients, the nature of legal services and the transaction conducted. This will be unique to each practice.

The LSSA guide on POPIA which was updated in 2018 has not been removed from the resources on the website as it contains essential information on more complex practices and considerations and is recommended that practitioners consult this resource when in doubt.

Click here to download the PoPIA guide. 

Registration open for National Wills Week 2021

The Law Society would like to let legal practitioners know that registration for this year’s National Wills Week initiative is open. Please consider registering to participate. National Wills Week will be held from 13 to 17 September 2021, and registrations close on Friday, 9 July 2021.

National Wills Week is now an established highlight among the profession’s social outreach and access to justice initiatives. This is thanks to the thousands of attorneys who participate by giving generously of their time and skills. Wills Week has also attracted increasing coverage in the media as well as support from major stakeholders.

The aim of the Wills Week campaign is twofold:

  • to position attorneys as the premier providers of wills and estates services to the public, and to improve the image of the profession generally; and
  • to encourage members of the public who would not normally make use of the services of an attorney, or who may hesitate to approach an attorney, to consult an attorney to have a basic will drafted.

How does Wills Week work?
Your firm will be provided with free, trilingual posters in the language combination of your choice to publicise your participation. Provision is made on the posters for your firm’s contact details.
Your firm will be listed as a participating firm on the database of participating firms on the Law Society of South Africa website.

A national media campaign will be launched early in August. All media and publicity material will invite members of the public to consult the LSSA website for the contact details of participating firms.

What is expected from you as a participating firm?

  • Basic wills will be drawn up free of charge.
  • You should provide an explanation of the importance of having a properly and professionally drafted will to the client.
  • You may not insist that you are appointed as the executor of the estate.
  • You must give the client a copy of his/her will.
  • You will not be expected to redraft or amend existing wills for free, nor will you be expected to draft complex wills involving trusts, etc.

Click here to register to participate. 

Law Society elects new President and Vice-Presidents

The Law Society of South Africa (LSSA) has elected Jan van Rensburg as President, and Mabaeng Denise Lenyai and Mvuzo Notyesi as its Vice-Presidents at its conference and AGM in Kempton Park on Friday 9  April 2021.

Mr Notyesi is the previous President of the LSSA and Mr van Rensburg and Ms Lenyai are both previous Vice-Presidents.

Jan van Rensburg is a long-serving member and sits on several committees of the LSSA. He is also a former Co-Chairperson of the LSSA.

Mr Van Rensburg has the BCom (University of Pretoria) and BProc (UNISA) degrees as well as an Advanced Diploma in Labour Law from the University of Johannesburg. He was admitted as an attorney in 1984 and is also a notary and conveyancer. He practises as a sole practitioner at Jan van Rensburg Attorneys in Brits.

Mabaeng Denise Lenyai is an attorney and director at Mabaeng Lenyai Inc in Pretoria. Ms Lenyai holds the BProc and LLB degrees from the University of Limpopo and the University of KwaZulu Natal respectively.

Ms Lenyai is currently acting as a Judge at the Gauteng Division of the High Court in Pretoria. She was admitted as an attorney in 1998 and is also a notary and conveyancer. She has been a council member of the LSSA since 2015. She was also the Chairperson of the BLA, North West branch for six years. Since 2018, she has been a member of the National Executive Council of the Black Lawyers Association, and she is currently the General Secretary. She is also a council member of the Community Education Training Centre in Mmakau and she is a legal adviser for Motsweding FM.

Mvuzo Notyesi is an attorney and director at Mvuzo Notyesi Incorporated in Mthatha. He is President of the National Association of Democratic Lawyers. He holds the BProc and LLB degrees from the University of Transkei and was admitted as an attorney in 1999 after completing his articles and attending the LSSA’s School for Legal Practice in East London. He has practised as director at Mvuzo Notyesi Incorporated since 1999.

Mr Notyesi has acted as judge at the Eastern Cape Division of the High Court in Grahamstown. He has been a member of the House of Constituents and a member of the Executive Committee of the LSSA for five years. He previously represented the LSSA on the Judicial Service Commission and he is currently an alternate. Mr Notyesi has a passion for education and has been a part-time lecturer and an instructor at the LSSA’s School for Legal Practice in East London. He is also an examiner for the Attorneys Admission Examination. Mr Notyesi is Chairperson of the Notyesi Foundation, which awards bursaries to disadvantaged students to attend university.

Key discussions at the LSSA Annual Conference

Newly elected Legal Services Ombuds, Judge Siraj Desai, was the keynote speaker at the LSSA conference, which was held under the theme ‘financial sustainability.’ Judge Desai said that the Legal Services Ombuds Office is separate from the Legal Practice Council (LPC) and that it has different functions all together. He highlighted that he cannot and will not interfere with the functions of the LPC.

Judge Desai added that his office is the highest body of oversight within the legal services environment and that it aims to protect and promote public interest in relation to the rendering legal services and ensuring fair, efficient and effective investigation of allegations of misconduct against legal practitioners. Judge Desai highlighted that his office is not an office of first instance, and that it must be approached if the complainant has tried the regulatory body, the LPC and has a grievance with the outcome of their case.

Judge Desai said that since December, he has received many calls from people with all sorts of complaints. He added that the ball was in the Justice Minister’s court and that the Minister will announce an operational date adding that the date will be announced once the office has been capacitated. Judge Desai urged legal practitioners to make themselves available to do the front-line work.

On his appointment in December 2020, the then LSSA President said in a statement: ‘This appointment is long overdue and should have coincided when the Legal Practice Council came into effect on 30 October 2018. I encourage the Department of Justice to ensure that the Ombud’s office is fully capacitated as soon as possible so that the Ombud can become fully operational. The Ombud in terms of the Legal Practice Act is independent and only answerable to the Constitution and the law’.

The LSSA also committed itself to support the work of the Ombud’s office, in the broader interests of the profession and society.

Also discussed at the conference was the structure, financial sustainability, and governance of the LSSA and the provincial attorneys’ associations. This House of Constituents has referred some of the constitutional and governance aspects to the LSSA constituent members.

ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, JAN VAN RENSBURG

LSSA Communications:
Nomfundo Jele nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344

Registration open for LSSA annual general meeting: 9 April 2021

Registration is now open for the Law Society of South Africa’s annual general meeting and conference which will take place on Friday 9 April 2021. The conference will focus on one of the key challenges for the legal profession; financial sustainability.

We have invited newly elected Legal Services Ombuds, Siraj Desai to give an address on his office and to answer questions from the floor. The LSSA is committed to the rule of law and access to justice and believes that the Judge Desai’s appointment is essential to enhance the ethical responsibilities of the profession and to protect the public.

The conference will be preceded by the annual general meeting (AGM) in the morning at the same venue as the conference. The AGM is open to all practitioners.

The rest of the day will be devoted to discussions on the structure, financial sustainability, and governance of the LSSA and the provincial attorneys’ associations. There will also be a panel discussion on what members can expect from their professional association, focusing on what members expect from the LSSA.

Registration for the conference is free. Please register here. Please make sure to also let us know whether you will be attending the conference virtually or physically by ticking the relevant box on the online registration.

Book your seat today!
View the draft programme here.
Register online here

Law Society welcomes the appointment of the Legal Services Ombud 

The Law Society of South Africa (LSSA) welcomes the Legal Services Ombud’s appointment, retired Cape Town High Court Judge Siraj Desai.

‘This appointment is long overdue and should have coincided when the Legal Practice Council came into effect on 30 October 2018. I encourage the Department of Justice to ensure that the Ombud’s office is fully capacitated as soon as possible so that the Ombud can become fully operational. The Ombud in terms of the Legal Practice Act (LPA) is independent and only answerable to the Constitution and the law,’ says LSSA President, Mvuzo Notyesi.

The LSSA commits itself to support the work of the Ombud’s office, in the broader interests of the profession and our society.

The Ombud, in terms of the LPA, has the following key objectives:

  • protect and promote the public interest in relation to the rendering of legal services as contemplated in the LPA;  
  • ensure the fair, efficient and effective investigation of complaints of alleged misconduct against legal practitioners;  
  • promote high standards of integrity in the legal profession; and  
  • promote the independence of the legal profession.  

Besides, other powers, the Ombud is competent to investigate any alleged act or omission that may affect the integrity and the independence of the legal profession and public perceptions in respect thereof.

ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI   

LSSA Communications: 

Nomfundo Jele nomfundom@LSSA.org.za  Tel: (012) 366 8800 or 072 402 6344  

Wills Week 2020: 26 – 30 October

National Wills Week will be held from 26 to 30 October.

National Wills Week is now an established highlight among the profession’s social outreach and access to justice initiatives. This is thanks to the thousands of attorneys who participate by giving generously of their time and skills. Wills Week has also attracted increasing coverage in the media as well as support from major stakeholders.

The aim of the Wills Week campaign is twofold:

– to position attorneys as the premier providers of wills and estates services to the public, and to improve the image of the profession generally; and
– to encourage members of the public who would not normally make use of the services of an attorney, or who may hesitate to approach an attorney, to consult an attorney to have a basic will drafted.

How does Wills Week work?
Your firm will be provided with free, trilingual posters in the language combination of your choice to publicise your participation. Provision is made on the posters for your firm’s contact details.

Your firm will be listed as a participating firm on the database of participating firms on the Law Society of South Africa website.

A national media campaign will be launched early in September. All media and publicity material will invite members of the public to consult the LSSA website for the contact details of participating firms.

What is expected from you as a participating firm?
– Basic wills will be drawn up free of charge.
– You should provide an explanation of the importance of having a properly and professionally drafted will to the client.
– You may not insist that you are appointed as the executor of the estate.
– You must give the client a copy of his/her will.
– Interviews with clients should be conducted at your offices.
– You will not be expected to redraft or amend existing wills for free, nor will you be expected to draft complex wills involving trusts, etc.

If you are planning to tweet about Wills Week, please use the Twitter hashtag: #WillsWeek20.

Thank you for contributing to the positive image of the profession through your participation in this initiative.

PLAN FOR THE PHASED IN RETURN OF EMPLOYEES TO THE WORKPLACE – ALERT LEVEL 3

GUIDELINES ON KEY COMPLIANCE REQUIREMENTS FOR

LEGAL PRACTITIONERS AS EMPLOYERS

 Law firms and legal practitioners with employees (practitioners) can render permitted services subject to several Directions issued by the Minister of Employment and Labour dated 4 June 2020 (the Directions). The purpose of the Directions is ‘to stipulate measures that must be taken by employers in order to protect the health and safety of workers and members of the public who enter their workplaces or are exposed to their working activities’.

The risk assessment 

Practitioners, when commencing operations, must undertake a risk assessment to:

  • Give effect to the minimum measures required under the Directions considering the specific circumstances of the workplace; and
  • take special measures, as required, to mitigate the risk of Covid-19 for vulnerable employees to facilitate their safe return to work or their working from home;

Practitioners must also ensure that the measures required by the Directions and the risk assessment plan are strictly complied with through monitoring and supervision.

The phased-in plan

Practitioners must, on the basis of the risk assessment, develop a plan outlining the protective measures in place for the phased return of its employees before opening, which must include:

  • The date that the workplace will open and the hours of opening;
  • A list of employees permitted to return to work and those who are required to work from home;
  • The plan and timetable for the phased -in return of employees to the workplace;
  • The identification of vulnerable employees;
  • The identification of ways to minimize the number of workers at the workplace at any one time contemplated; and
  • Measures for the daily screening of employees and the screening of clients, contractors and visitors to the workplace.

The plan must also:

  • Correspond with Annexure E (which form was published under the Regulations dated 29 April 2020);
  • Be retained for inspection;
  • Stipulate which employees are permitted to work;
  • Provide what the plans are for the phased-in return of their employees to the workplace are; and
  • What health protocols are in place to protect employees from Covid-19; and
  • The details of the Covid -19 compliance officer

The guiding principle is that: All persons who are able to work from home must do so.

Key requirements

Practitioners will under Alert Level 3 be permitted to perform any type of work outside the home, and to travel to and from work and for work, subject to:

  1. strict health protocols, and social distancing rules;
  2. return to work to be phased in order to put in place measures to make the workplace Covid-19 ready;
  3. return to work to be done in a manner that avoids and reduces risks of infection; and
  4. the work not being listed under the specific economic exclusions in Table 2.

Practitioners must, amongst other:

  1. Appoint a manager as a compliance officer to a Covid-19 compliance officer who will oversee the implementation of the phased-in plan and adherence to the health protocols relating to Covid-19.
  2. Oversee the implementation of the Phased-in Plan and adherence to the applicable, health and safety measures established in the workplace.
  3. Arrange the workplace to ensure minimal contact between workers and, as far as practicable, ensure that there is at least one and half metres apart. In some instances, the distance may need to be greater.
  4. If not practicable to arrange for work stations to be at least one and half metres apart, arrange physical barriers; or when required, supply the employee free of charge with appropriate PPE based on a risk assessment of the working place.
  5. Ensure the relevant measures are implemented through supervision both in the workplace and in the common areas outside the immediate workplace.
  6. Screen all workers when they report for work to determine whether they have any of the Covid-19-related symptoms (i.e.: cough, sore throat, shortness of breath or difficulty in breathing, or loss of smell or taste( and to determine whether they suffer from any of the following additional symptoms: fever, body aches, redness of eyes, nausea, vomiting, diarrhoea, fatigue, weakness or tiredness.
  7. Require workers to immediately inform the employer if they experience any of the symptoms while at work.
  8. Ensure that employees that present with the symptoms are not permitted to work, i.e.: fever, cough, sore throat, redness of eyes, shortness of breath, or difficulty in breathing)
  9. Provide each of its employees, free of charge, with a minimum of two cloth masks or require an employee to wear some form of cloth covering over their mouth and nose while at work and provide information, instruction and training as to the correct use of cloth masks.
  10. Notify employees if they are sick or have Covid–19 symptoms that they must not come to work and to take paid sick leave in terms of the BCEA.
  11. Free of charge, ensure that there are sufficient quantities of hand sanitizer at the workplace for employees and visitors.
  12. Provide the employee who interacts with the public, with sufficient supplies of hand-sanitizer at that employee’s workstation for both the employee and the person with whom the worker is interacting.
  13. Ensure all areas such as toilets, common areas, door handles, shared electronic equipment are regularly cleaned and disinfected.
  14. Disable biometric systems or make them Covid-19-proof.
  15. Ensure that there are adequate facilities for the washing of hands with soap and clean water.
  16. Employees are required to wash their hands and sanitize their hands regularly while at work.
  17. Employees who interact with the public are instructed to sanitize their hands between each interaction with public.
  18. Surfaces that employees and members of the public come into contact with are routinely cleaned and disinfected.
  19. Require every worker to report whether they suffer from any of the following additional symptoms: body aches, loss of smell, loss of taste, nausea, vomiting, diarrhea, fatigue, weakness, or tiredness
  20. Immediately contact the Covid-19 hotline: 0800 02 9999 if a worker has been diagnosed with Covid-19.

Practitioners with less than 10 employees

Practitioners with less than 10 employees must take the following measures:

·  Develop a basic plan for the phasing in the return of its employees taking into account those that are able to work remotely and those over the age of 60 years or who have comorbidities;

·  Arrange the workplace to ensure that employees are at least one and half metres apart or, if not practicable, place physical barriers between them to prevent the possible transmission of the virus;

·  Ensure that employees with the Covid-19 related symptoms are not permitted to work;

·   Immediately contact the Covid-19 hotline: 0800 02 9999 for instruction and direct the employee to act in accordance with those instructions;

·   Provide cloth masks or require an employee to wear some form of cloth covering over their mouth and nose while at work;

·   Provide each employee with hand sanitizers, soap and clean water to wash their hands and disinfectants to sanitize their workstations;

·   Ensure that each employee while at work washes with soap and sanitizes their hands;

·   Ensure that their workstations are disinfected regularly; and

·    Take any other measures indicated by a risk assessment of the workplace including the such measures as are appropriate if the public have access to the workplace.

Click here to read the directions. 

∗DISCLAIMER: These guidelines are not meant to provide a comprehensive list of the requirements that must be complied with by practitioners pursuant to the applicable legislation, Regulations or Directions. Practitioners must consult the relevant law, Regulations and Direction to ensure compliance.

COVID-19 ALERT LEVEL 3 REGULATIONS

Amendments to the lockdown Regulations (GG 43258 of 29 April 2020) to deal with Alert Level 3, appear in GG 43364 dated 28 May 2020.

From 1 June 2020, Alert Level 3 applies to all provinces, metropolitan areas and districts, but the Minister of Cooperative Government and Traditional Affairs (GOGTA) may declare, by notice in the Government Gazette, a geographical area or cluster of geographical areas a hotspot, where additional restrictions may apply. GG 43364 contains a list of areas that had already been declared as hotspots.

The following are some of the provisions (the forms, where applicable, appear in Annexure A of the Regulations):

  • Business and other institutions may operate, except for those listed in Table 2 (which include restaurants, short term letting for leisure purposes, hairdressing and beauty treatments, tourist attractions and entertainment activities). Regulation 46 deals with the process to be followed, such as the minimising of the number of employees at any given time, health and safety protocols, employees over 60 or with co-morbidities. These need to be read with the occupational health and safety directions and labour legislation. All persons who are able to work from home must do so.
  • A plan for the phased-in return of employees (Annexure E) must be developed and retained for inspection. Compliance officers must be appointed in both the private and the public sector.
  • Movement of people in and out of hotspots may be restricted.
  • People may travel to perform permitted services; to and from work; to buy goods and obtain services.
  • Learners and students may attend schools and learning institutions, once these are open.
  • Places of worship may be attended in the same province. (For the directions on the norms and standards applicable to places of worship, including maximum number of people, duration of services and health and safety measures, refer to GG 43365 of 28 May 2020).
  • Movement between provinces, metropolitan areas and districts and hotspots is prohibited, except for:
  • work – with a permit from the employer (Form 2);
  • moving to a new residence or caring for an immediate family member – must have an affidavit sworn to or affirmed at a magistrate’s court or police station (Form 6);
  • to and from schools and learning institutions – certificate to be issued by head of school or learning institution for travelling between provinces (Form 3A). Persons transporting learners or students must have a permit (Form 3B) from the head of the school;
  • obtaining medical treatment;
  • movement permitted under Regulation 41, which deals with the closure of borders of the Republic.
  • Movement of children is allowed between co-holders of parental responsibilities or caregivers in the same metropolitan area or district, if they are in possession of (a) a court order; (b) a parental responsibilities agreement or parenting plan registered with the family advocate; or (c) a permit by a magistrate (Form 3) if (a) and (b) are not available. A birth certificate or certified copy thereof to prove a legitimate relationship and written reasons why the movement of the child is necessary are required.

For across-border movement of children a permit from a magistrate is necessary (Form 3) and the required documents are the same as above.

  • Funerals are limited to 50 persons. Across borders movement is only permitted for close relations of the deceased, as per Regulation 35(1). A permit (Form 4) from the magistrate’s office or police station is needed. A death certificate or certified copy thereof, or, if not yet available, a sworn affidavit (Form 5), together with a letter from a cultural or religious leader that the funeral needs to take place within 24 hours, must be provided. Night vigils are prohibited.
  • Gatherings are prohibited, save for a few exceptions.
  • Regulation 39 lists the places closed for the public, including beaches, gyms and fitness centres, accommodation facilities and conference facilities.
  • Visits to inter alia correctional centres, police holding cells, health establishment and older persons’ residential facilities are prohibited, except to the extent that the relevant Minister directs.
  • Exercise between 06h00 and 18h00 is allowed, but not in groups and health and social distancing protocols must be followed.
  • The wearing of a face mask or other appropriate item in a public place is mandatory.
  • Evictions are prohibited, but a court may grant an eviction order in terms of the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. An eviction order may be stayed and suspended until the end of Alert Level 3, unless the court decides that it is not just and equitable to do so.
  • The relevant Minister must issue directions regarding public transport, including air travel, bus and taxi services and private vehicles to cater for the gradual return to work.
  • The sale of liquor is allowed from Monday to Thursday between 09h00 and 17h00, but the sale of tobacco and tobacco products is prohibited.

Click here to download GG43364