LOCKDOWN LEVEL 2

Temporary employer/employee relief scheme (Ters)

 

• A ministerial directive gazetted on 7 September confirmed that qualifying criteria announced in August will apply until the State of Disaster ends. These are that:
  • for an employee to qualify for temporary relief, their employer should:
    • not be ‘permitted to commence operations’, or
    • be unable to make alternative arrangements for vulnerable workers, or
    • be unable to introduce rostering, staggered working hours, ‘short time’ or ‘shift systems’.

 

Electronic communications

 

• On 11 September, the Independent Communications Authority of SA (Icasa) amended the zero-rating requirements in Covid-19 State of Disaster regulations gazetted on 26 March (amended in May):
  • aligning them with a ministerial directive issued on 26 March (amended in May), which applies to:
    • local educational content websites, and
    • Covid-19 health websites, and
  • limiting zero rating to sites approved by:
    • the Department of Basic Education, or
    • the Department of Higher Education and Training or
    • the Department of Health.

 

Community broadcasting

 

• In the same set of amendments, Icasa:
  • suspended its requirements for holding annual general and other meetings, and
  • allowed broadcasters three months from the end of the State of Disaster to comply.

 

Early childhood development

 

• On 11 September, a ministerial directive was published clarifying the measures to be taken by reopening early childhood development programmes and partial care facilities.
• The directive does not apply to:
  • Grade R and pre-Grade R classes at state-run and independent schools, or to
  • the after-care facilities provided by these schools for learners attending their Grade R and pre-Grade R classes.

 

Movement of children between parents and care-givers

 

• All remaining restrictions are lifted in paragraph 12 of the same directive.

 

Old age homes and frail care facilities

 

• Paragraph 11 of the directive lifts restrictions on visits to old age homes and frail care facilities, subject to certain conditions.

 

Community nutrition centres

 

• The directive’s paragraph 13 permits these centres to reopen, setting out the measures to be taken.

 

International flights

 

• A ministerial directive gazetted on 9 September has clarified that these are only permitted for:
  • ‘the transportation of fuel, cargo and goods’
  • ‘humanitarian operations’
  • ‘the evacuation of a South African national or permanent resident’ and their return to SA
  • ‘the repatriation of a foreign national to their country of nationality or permanent residence’
  • ‘medical emergencies in respect of a life-threatening condition’
  • ‘the movement of staff’ in diplomatic offices and international organisations, and
  • ‘the return of a South African national or permanent resident to their place of employment, study or residence’ outside SA.
• ‘International passenger air travel for leisure purposes’ does not qualify for a special authorisation.
• All remaining restrictions have been lifted on:
  • general aviation
  • recreational aviation, and
  • ‘aerial work’.

 

Court rooms, court houses and justice service points

 

• Measures to be taken under lockdown level two are set out in a ministerial directive gazetted on 11 September, which:
  • will also apply to lockdown level one
  • includes steps to be taken:
    • to reduce case backlogs
    • when postponing criminal cases
    • when fixing bail, and
    • when ordering the continuing detention of children
  • reopens public galleries in court rooms on the understanding that ‘not more than 50% of available floor space’ is used, and
  • restricts to 50% the floor space to be used in:
    • court houses, and
    • justice service points.

 

Environmental management

 

• On 9 September, a ministerial directive was gazetted allowing parties affected by suspended or recently resumed authorisation processes and procedures 30 days to take ‘the appropriate actions and steps’.

 

DEVELOPMENTS UNRELATED TO THE COVID-19 STATE OF DISASTER

Financial sector

 

• The Competition Commission has released a paper on its approach to regulating the digital economy, which among other things calls for a ‘re-think’ on ‘promoting inclusion’ in the financial services sector.

 

Energy

 

• The Department of Mineral Resources an Energy issued a media statement on 10 September confirming that:
  • a ministerial determination on new energy generation capacity has been endorsed by the National Energy Regulator of SA
  • yet to be gazetted, it will enable the procurement of an additional 11 813 MW to be generated using:
    • photovoltaic and wind technologies (6 800 MW)
    • gas (3 000 MW)
    • coal (1 500 MW), and
    • ‘storage’ (513 MW).

 

Taxi industry

 

• In anticipation of the upcoming lekgotla, four documents were published on 11 September, focusing on:
  • unity and leadership
  • empowerment
  • regulation, and
  • professionalisation and customer care.
• Transport Minister Fikile Mbalula has called for ‘honest and robust’ conversations about:
  • the key drivers of ‘disunity and violence’
  • taxi ownership by ‘government officials, traffic officers and police officers’
  • gender based violence, and
  • the ‘real beneficiaries’ of government’s taxi recapitalisation programme.

 

Public service ethics course

 

• Public Service and Administration Minister Senzo Mchunu has directed the heads of government departments to ensure that employees enrol.
• Launched in April, the course is compulsory and free.

 

Prepared by Pam Saxby