Sakeliga writes to Dlamini-Zuma: rectify unlawful level 2 regulations and allow businesses to operate at 100% 

21 August 2020

The alert level 2 regulations are still unconstitutional, unreasonable, and irrational, and should be rectified without delay. This is the message of business group Sakeliga in a letter this week to Minister of Cooperative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma. 

“The regulations are incoherent,” says Piet le Roux, Sakeliga CEO. “Without any discernible rationale, the regulations allow some businesses to operate at full capacity and others not. The regulations have ended up being not about the enforcement of social distancing and hygiene, but about arbitrary limitations on numbers of persons present, regardless of the size or nature of the venue or activity.” 

Glaring contradictions exist between limitations on different businesses. Examples include: 

Casinos may operate with 50 people per floor space, but churches and other religious organisations may only accommodate 50 people in total. 

Spectators at sporting events – even at huge stadiums with lots of open space – are completely prohibited, while busses and taxis may operate at 100% capacity. 

Accommodation providers may only utilise 50% of their total floor space, while bars and taverns may operate at 100% capacity up to 50 people, thereafter 0%. 

Fitness centres and gyms are limited to 50 people, regardless of venue size, which renders most unprofitable to operate and gym memberships impractical. 

“The list goes on,” says Le Roux: “Government is waving its regulatory wand without rhyme or reason, causing needless harm and breeding contempt for authority.”  

In its letter, Sakeliga says: “The regulations should be amended to allow all businesses to operate at full capacity notwithstanding their industry type. There is in our view no basis in law for the Minister of COGTA to limit the rights and freedoms of businesses, their employees, and their customers in this incoherent manner. The Minister can assist the public in setting guidelines on proper health and safety protocols.  

Sakeliga demands that the Minister of COGTA “amends all regulations that seek to discriminate between different activities and business by placing a limitation on the number of customers or patrons that are allowed to visit the business premises.” 

A list of some of the glaring aspects of the regulations follows below. 

Attendance at funerals is limited to 50 persons, regardless the size and nature of the venue (regulation 52 (1));  

Gatherings of faith-based institutions are limited to 50 persons (or less depending on the size of the place of worship). This limitation again does not recognise the size and nature of the venue (regulation 55 (2) (a));  

Conferences and meetings are subject to a maximum of 50 persons, notwithstanding the size and nature of the venue. It should be noted that conferences and meetings have been restricted to business purposes. (regulation 55 (2) (d)); 

Cinemas, theatres, concerts and live performances (all being leisure activities), are allowed but subject to a limitation of 50 people, again notwithstanding the size and nature of the venue (regulation 55 (2) (e) and (f)); 

Casino’s for some unbeknownst reason have a less restrictive limitation which authorises a maximum of 50 persons per available floor space (regulation 55 (2) (g)); 

Auctions have no specific limitation on the number of persons attending the event, regardless the size and nature of the venue (regulation 55 (2) (g)); 

Sporting activities, especially commercial sporting activities, do not have the right to allow any spectators/customers, notwithstanding the size and nature of the venue (regulation 55 (2) (i)); 

Weddings are again subjected to a maximum of 50 persons, regardless of the size or nature of the venue (regulation 55 (2) (j)); 

Social events at a place of residence, regardless the size or nature of the venue, is limited to 10 visitors (regulation 55 (2) (k)); 

Social events at function venues however are again limited to 50 persons, regardless the size and nature of the venue (regulation 55 (2) (m)); 

Fitness centres and gyms, regardless their size and nature, are limited to 50 persons (regulation 55 (2) (n) (i)); 

Bars, taverns, and shebeens are limited to 50 persons, regardless their size and nature of the venue are limited to 50 persons (regulation 55 (2) (n)); 

Accommodation businesses are however subject to a different criterium in that they are limited to not more than 50% of the available floor space in the establishment (with patrons observing a distance of at least one and a half metres from each other) (regulation 55 (2) (n) (ix));  

Nightclub businesses are not entitled to trade at all (regulation 56 (1));  

Busses and taxis however are allowed to operate at 100% of their capacity, notwithstanding the size and nature of the vehicle (regulation 60 (2) (b)); and 

Businesses in general are allowed to have up to 100 employees present on a floor space as long as there is adherence to social distancing (regulation 62 (2)). 

Issued by Piet le Roux, CEO, Sakeliga, 21 August 2020