DA seeks clarity on level 4 lock-down regulations

14 May 2020

The Democratic Alliance (DA) in Gauteng is calling on both the Gauteng Community Safety MEC, Faith Mazibuko and Gauteng SAPS Provincial Commissioner, Lieutenant General Elias Mawela to provide clarity on what people can and can’t do on level 4 in terms of the lockdown regulations.

The DA has been reliably informed that there is lack of clarity on what people can and can’t be arrested and detained for during the lockdown.

It is alleged that law enforcement agencies are arresting and detaining people for noncompliance with the regulations particularly when they are found to not be wearing a mask in public where social distancing is not possible.

This clearly indicates that law enforcement agencies are interpreting and implementing these regulations differently.

The Office of the Limpopo SAPS Deputy Provincial Commissioner has issued a memorandum addressed to all its provincial heads, cluster commanders, station commanders and unit commanders explaining that arrest for contravention of the COVID-19 regulations are not offences in terms of the regulations.

According to the memorandum failure to comply with the following regulations is not an offence; wearing a mask, failure to ensure social distancing in retail stores or institutions and failure to provide sanitiser to the public. When a person is arrested for failure to comply with a COVID- 19 regulation or directive issued in terms of the regulations, which is not an offence, the arrest is unlawful. When the arrest is unlawful it is a cause for a civil claim against the SAPS.

The DA calls on both MEC Mazibuko and Lieutenant General Elias Mawela to provide clarity through a memorandum to its law enforcement agencies on what is an offence and what is not an offence in terms of failure to comply with the lockdown regulations. By so doing it will protect our people from being unlawfully harassed and arrested by the police. We also urge people to adhere to the lockdown regulations in order to flatten the curve and curb the spread of the coronavirus.

Issued by ,DA Gauteng Spokesperson for Community Safety, 14 May 2020