Health Minister extends public consultation period for health regulations

Wednesday, 04 May 2022

Pretoria: The Minister of Health Dr Joe Phaahla has extended the period for public comments on health regulations relating to the Surveillance and Control of Notifiable Medical Conditions; Public Measures in Points of Entry; Management of Human Remains and Environmental Health by three months with effect from Thursday, 5 May 2022.

The new closing date for submission of comments is 5th of July 2022, and this extension is in line with statutory requirements and will afford the department sufficient time to go through and consider all comments and representations on the regulations.

Click here to download a pdf copy of the gazette publication

Comments must be sent only to this e-mail: [email protected] on or before the expiry of three (3) months period from the date of publication.

All members of the public who submitted comments in the initial public consultation process do not need to resubmit these comments as all comments already submitted will be considered as part of this process.

In order to ensure that there is no gap in terms of legal instruments to contain the spread of COVID-19 and future notifiable medical conditions, the department has gazetted the limited regulations for implementation with effect from Thursday, 05 May 2022.

These regulations mainly focus on wearing of face masks, gatherings and persons entering the country.

With regards to wearing a face mask, a person must, when entering and being inside an indoor public place, wear a face mask.

This does not apply to children at school. Again, under these limited regulations, no person may use any form of public transport unless wearing a face mask.

Gatherings are more clearly defined as planned assembly or meeting at a particular venue involving more than one hundred persons.

For any indoor and outdoor gatherings, a maximum of 50% of the venue capacity may be occupied provided that every attendee must be vaccinated against COVID-19 and produce a valid vaccination certificate. Alternatively, attendees must produce a valid negative COVID-19 test result not older than 72 hours prior to the date of the gathering.

If complying with this indoor gathering requirement is not possible, then attendance shall be limited to 1000 people or 50% of the capacity, whichever is smaller, while the attendance at an outdoor gathering shall be limited to 2000 people or 50% of the capacity, whichever is smaller.

All international travellers arriving at South African Ports of Entry must be vaccinated against
COVID-19 and produce a valid vaccination certificate; or produce a valid negative PCR COVID-19 test result not older than 72 hours before the date of departure.

Alternatively, travellers have another option of producing a valid negative antigen COVID-19 test result performed by a medical practitioner, registered public health authority or accredited/approved laboratory obtained not older than 48 hours before the date of departure.

In a case where an international traveller is unable to produce a vaccination certificate or a negative PCR test result older than 72 hours or a negative antigen test result obtained at least 48 hours prior departure, then he/she must undergo antigen testing at the Port of Entry.

If the person tests positive for COVID-19 in the antigen test, the traveller will still be admitted into the country but, if the traveller is experiencing symptoms of COVID­19, they must self-isolate a period of ten days after admission into South Africa.

However, the vaccination or testing requirement is not applicable to travellers who are under the age of 12 years and daily commuters from neighbouring countries.

It is important to emphasise that the proposed amendments to the health regulations do not amend the National Health Act, 2003 but rather augment certain existing regulations.

The Department would like to remind people that, despite the current process to source public comments on the health regulations, there is still an imperative to provide options to manage the COVID-19 pandemic and other notifiable medical conditions without invoking the state of national disaster.

Therefore, members of the public are reminded that COVID-19 remains a life-threatening disease, and the country is not yet out of the woods.

The only way we can protect ourselves and our loved ones against this pandemic and the current rising number of positive cases, is through vaccination and adhering to preventative measures at all times.

Fully vaccinated people are urged to consider booster shots to increase their immunity.

Draft of the regulations:

Definitions

1. In this Schedule "the Regulations" means the Regulations relating to the Surveillance and the Control of Notifiable Medical Conditions made under the National Health Act, 2003 (Act No. 61 of 2003), and published under Government Notice No. 1434 of 15 December 2017.

Insertion of Regulations 16A to 16C

2. The Regulations are hereby amended by the insertion, after regulation 16, of the following regulations:

"Wearing of face masks to contain the spread of COVID-19

16A. (1) Subject to the provisions of subregulations (5) to (6), the measures stipulated

in subregulations (2) to (4) must be adhered to.

(2) For the purposes of this Regulation_; a 'face mask' means a cloth face mask or a homemade item that covers the nose and mouth, or another appropriate item to cover the nose and mouth.

(3) A person must, when entering and being inside an indoor public place, wear a face mask.

(4) No person may use any form of public transport if they do not wear a face mask.

(5) The measures in this Regulation shall come into operation upon publication of this regulation in the Government Gazette.

(6) The Minister of Health may:

(a) determine that the measures in this Regulation, in part or in their
entirety, are no longer necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will no longer be in operation; and

(b) at any time after having made such a determination, determine that the
measures concerned are once again necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will resume operation.

Regulation of gatherings to contain the spread of COVID-19

16B. (1) Subject to the provisions of subregulations (10) to (11), the measures stipulated

in subregulations (2) to (9) must be adhered to.

(2) For purposes of this regulation:

(a) a "gathering" means a planned assembly or meeting at a particular
venue involving more than one hundred persons, whether for faith-based, religious, social, political, cultural, sporting, economic or recreational purposes; and

(b) "vaccinated against COVID-19" means having received at least one dose of a vaccine approved for use in respect of COVID-19 by the South African Health Products Regulatory Authority or listed for this purpose by the World Health Organization.

(3) For any indoor gathering, a maximum of 50% of the venue capacity may be
occupied, provided that every attendee must:

(a) be vaccinated against COVID-19 and produce a valid vaccination
certificate; or

(b) produce a valid certificate of a negative COVID-19 test, recognised by
the World Health Organization, which was obtained not more than 72 hours before the date of the gathering.

(4) Where sub-regulation (3) is not complied with, then attendance at the indoor
gathering shall be limited to 1000 people or 50% of the capacity, whichever is smaller.

(5) For any outdoor gathering, a maximum of 50% of the venue capacity may be
occupied, provided that every attendee must:

(a) be vaccinated against COVID-19 and produce a valid vaccination
certificate: or

(b) produce a valid certificate of a negative COVID-19 test, recognised by
the World Health Organisation, which was obtained not more than 72 hours before the date of the gathering.

(6) Where sub-regulation (5) is not complied with, then attendance at the outdoor
gathering shall be limited to 2000 people or 50% of the capacity, whichever is smaller.

(7) 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.

(8) Hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest
houses are allowed full capacity of the available rooms for accommodation, with patrons wearing face masks when in common spaces.

(9) All registered basic education institutions are excluded from the operation of
this regulation.

(10) The measures in this Regulation shall come into operation upon publication of
this regulation in the Government Gazette.

(11) The Minister of Health may:

(a) determine that the measures in this Regulation, in part or in their
entirety, are no longer necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will no longer be in operation; and

(b) at any time after having made such a determination, determine that the
measures concerned are once again necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will resume operation.

Regulation of persons entering the country to contain the spread of COVID-19

16C. (1) Subject to the provisions of subregulations (6) to (7), the measures stipulated

in subregulations (2) to (5) must be adhered to.

(2) For purposes of this regulation, "vaccinated against COVID-19" means having
received at least one dose of a vaccine approved for use in respect of COVID‑19 by the South African Health Products Regulatory Authority or listed for this purpose by the World Health Organization.

(3) All international travellers arriving at South African Ports of Entry must:

(a) be vaccinated against COVID-19 and produce a valid vaccination certificate; or

(b) produce a valid certificate of a negative PCR COVID-19 test, recognised by the World Health Organization, which was obtained not more than 72 hours before the date of departure; or

(c) produce a valid certificate of a negative antigen COVID-19 test performed by a medical practitioner, registered public health authority or accredited/approved laboratory which was obtained not more than 48 hours before the date of departure; or

(d) produce a valid certificate of a positive PCR COVID-19 test, recognised by the World Health Organization, for a test date less than 90 days prior to the date of arrival and more than 10 days prior to the date of arrival, together with a signed letter from a health care provider, registered in the country of origin, stating that the person has fully recovered from COVID-19, is not experiencing any new symptoms and is fit to travel.

(4) If an international traveller does not comply with subregulation (3):

(a)  the traveller must undergo antigen testing for COVID-19 at the Port of Entry; and

(b) if the traveller tests positive for COVID-19 in the antigen test, the traveller will still be admitted into the Republic but, if the traveller is experiencing symptoms of COVID-19, the traveller must self-isolate for ten days after admission into the Republic.

(5) Subregulations (3) and (4) do not apply to:

(a) travellers who are under 12 years old; and

(b) daily commuters from neighbouring countries.

(6) The measures in this Regulation shall come into operation upon publication of
this regulation in the Government Gazette.

(7) The Minister of Health may:

(a) determine that the measures in this Regulation, in part or in their entirety, are no longer necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will no longer be in operation; and

(b) at any time after having made such a determination, determine that the
measures concerned are once again necessary to contain the spread of COVID-19 and give notice of this determination in the Government Gazette, whereupon the measures concerned will resume operation.

Amendment of Annexure A to the Regulations

3. Table 2 of Annexure A to the Regulations is amended by inserting the following item between existing items 5 and 6:

Statement issued by Foster Mohale, Director Media Relations, National Health Department, 4 May 2022