Disaster Management Act: Regulations: Alert level 3 during Coronavirus COVID-19 lockdown

Source: Sa migration, 28/07/2020

Disaster Management Act: Regulations: Alert level 3 during Coronavirus COVID-19 lockdown
The following is an extraction from the orginal gazetted Alert Level 3 regulations (Gazette 43364 of 28 May 2020). Amendments as gazetted in Gazette 43476 of 25 June 2020 are indicated as follows - changes. Amendments as gazetted in Gazette 43521 of 12 July 2020 are indicated as follows - changes. Amendments as gazetted in Gazette 43577 of 31 July 2020 are indicated as follows
(4) Movement of persons between provinces is prohibited, except for-
(a) persons doing so in the course of carrying out work responsibilities or performing any service permitted under Alert Level 3, provided that such person is in possession of a permit issued by the employer which corresponds with Form 2 of Annexure A;
(b) persons travelling for purposes of-
(i) moving to a new place of residence; or
(ii) caring for an immediate family member: Provided that such person is in possession of an affidavit which corresponds with Form 6 of Annexure A;
(c) members of Parliament performing oversight responsibilities;
(d) learners or students referred to in regulation 34(5) who have to commute to and from those schools or institutions of higher learning during periods when those schools or institutions are permitted to operate;
(e) the attendance of funerals as provided for in regulation 35;
(f) the transportation of mortal remains;
(g) obtaining medical treatment;
(h) persons who are returning to their place of residence from a quarantine or isolation facility; or
(i) any movement permitted under regulation 41.
Movement of children
34. (1) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children`s Act, 2005 (Act No. 38 of 2005), in the same metropolitan area or district municipality is allowed if the co-holders of parental responsibilities and rights or a caregiver are or is in possession of-
(a) a court order;
(b) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate; or
(c) a permit issued by a magistrate which corresponds with Form 3 of Annexure A, if the documentation in paragraphs (a) and (b) is not available.
(2) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children`s Act, 2005 between different metropolitan areas, district municipalities or provinces is allowed if the co-holders of parental responsibilities and rights or a caregiver are or is in possession of a permit, issued by a magistrate which corresponds with Form 3 of Annexure A.
(3) A person applying for a permit contemplated in this regulation must confirm that the household to which the child has to move must be free of COVID-19.
(4) (a) Before a magistrate issues a permit referred to in subregulation (1)(c), he or she must be provided with-
(i) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and
(ii) written reasons why the movement of the chi ld is necessary.
(b) Before a magistrate issues a permit referred to in subregulation (2), he or she must be provided with-
(i) a court order;
(ii) a parental responsibilities and rights agreement or parenting plan registered with the family advocate; or
(iii) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and
(iv) written reasons why the movement of the child is necessary.
(5) Any learner or student must be issued with a certificate which corresponds with Form 3A of Annexure A, by the head of his or her school or institution of higher learning, or a person delegated by him or her, that the learner or student attends that school or institution of higher learning for purposes of travel between provinces.
(6) The certificate referred to in subregulation (5) must contain the name and address of the school or institution of higher learning and the particulars of the learner or student concerned.
(7) A person transporting a learner or student must be issued with a permit, corresponding with Form 3B of Annexure A, by the head of the school or institution of higher learning contemplated in subregulation (5), or a person delegated by him or her, allowing him or her to transport learners or students to and from the school or institution.