The newly reinstated ban on the sale of alcohol and the evening curfew have officially been gazetted, leaving no question of whether these regulations are immediately valid.
On Sunday night [July 12] President Cyril Ramaphosa announced during his national address that the booze ban would return with immediate effect, and a curfew would begin from 9pm on Monday, July 13. These restrictions were brought back to lessen the strain on hospital resources, says Ramaphosa.
“There is now clear evidence that the resumption of alcohol sales has resulted in substantial pressure being put on hospitals, including trauma and ICU units, due to motor vehicle accidents, violence and related trauma.”
“Most of these and other trauma injuries occur at night. Therefore, as an additional measures to reduce the pressure on hospitals, a curfew will be put in place between the hours of 9pm and 4am. Apart from people who need to travel to and from work or who need to seek urgent medical or other assistance during this time, everyone will be required to remain at home. The curfew will take effect from tomorrow, Monday, 13 July 2020 at 9pm.”
Other announcements Ramaphosa made include the mandatory wearing of face masks in public and taxi capacity.
Many public figures had a lot to say about this announcement. Minister Phumzile Van Damme and law professor Pierre de Vos both tweeted after the address to say that the ban cannot be immediate until it is gazetted.
The is no “immediate effect,” unless there are regulations that make it “immediate effect.” The President does not rule by diktat. This is a democracy guided by the rule of law. Until the regulations are published, there is no ban. This matters.
— Phumzile Van Damme (@zilevandamme) July 12, 2020
Mere minutes later, the newly gazetted regulations were released. The regulations, signed by Dr Nkosazana Diamini Zuma have been amended to include:
– The wearing of- (a) a cloth face mask; (b) a homemade item; or (c) another appropriate item, that covers the nose and mouth, is mandatory for every person when in a public place
– No person will be allowed to- (a) use, operate, perform any service on any form of public transport; (b) enter or be in a building, place or premises, including government buildings, places or premises, used by the public to obtain goods or services; or (c) be in any public open space, if he or she is not wearing a cloth face mask, homemade item, or another appropriate item that covers the nose and mouth
– The regulations also state that people may be without a face mask in public only if they are undertaking vigorous exercise in a public place, provided that the person maintains a distance of at least three metres from any other person, and subject to directions on what is considered to be vigorous, issued by the Cabinet member responsible for health
– Every person is confined to his or her place of residence from 9pm until 4am daily, except where a person has been granted a permit, which corresponds with Form 2 of Annexure A, to perform a service permitted under Alert Level 3, or is attending to a security or medical emergency
– Bus and taxi services may operate under the following conditions: (a) May not carry more than 70% of the licensed capacity for long distance intra- provincial and permitted inter -provincial travel; and (b) may carry 100% of the licensed capacity for any trip not regarded as long distance travel in terms of subregulation
– The sale, dispensing and distribution of liquor is prohibited. (2) The transportation of liquor is prohibited, except where the transportation of liquor is – (a) in relation to alcohol required for industries producing hand sanitizers, disinfectants, soap or alcohol for industrial use and household cleaning products; (b) for export purposes; or (c) from manufacturing plants to storage facilities. (3) No special or events liquor licenses may be considered for approval during the duration of the national state of disaster
– The sale of tobacco, tobacco products, e- cigarettes and related products to members of the public and to persons including retailers who sell directly to the members of the public, is prohibited. (2) The sale of tobacco, tobacco products, e- cigarettes and related products for export, is permitted. (3) The sale of tobacco from farmers to local processors or local manufacturers, and from processors to manufacturers, is permitted
The DA has rejected the regulations that state people may visit others in public places like restaurants and cinemas, but not in their homes.
The DA rejects the ban on family visits. It fundamentally undermines the right to dignity and goes to the heart of what makes us human. How can it be legal to visit a casino or a church service with 49 other people, but illegal to see one’s own family? – @jsteenhuisen
— Democratic Alliance (@Our_DA) July 12, 2020
Read complete regulations here: Gazette Regulations
Picture: twitter / Presidency