On 15 March 2022, the Minister of Health published draft amendments to the Regulations Relating to the Surveillance and the Control of Notifiable Medical Conditions (“Regulations”), as the country continues to steer and adjust course through the coronavirus pandemic.

It is always useful to understand the broader context of a law. The “where did this come from?” and the “why?”

The where and the why

The Regulations are published under the National Health Act, 2003 (“Act”). The starting point would be the broad stated objective of the Act, which is to provide a framework for a structured uniform health system within South Africa. Various notifiable medical conditions are categorised in tables set out in the annexures to the Regulations.

For interest, the coronavirus falls under category 1, as it is a respiratory disease caused by a novel respiratory pathogen. There are other category 1 medical conditions, which include listeriosis, plague, measles, malaria and Ebola.

Due to the seriousness of the disease, the category 1 medical conditions require immediate reporting followed by a written or electronic notification within 24 hours of diagnosis to the Department of Health by the relevant health care provider or health laboratory.

Category 2 and 3 medical conditions have longer reporting requirements. This categorisation facilitates the management of these diseases in a co-ordinated and consistent way.

The draft amendments to the Regulations apply in many instances to category 1, 2 and 3 medical conditions and not just to the coronavirus. However, this article focuses on the implications of the Regulations in respect of the coronavirus as this is the most topical ‘why’ at the moment.

What do the Regulations say

Containing the Spread

The Regulations lay down rules for, inter alia, containing the spread of the virus, and contain specific provisions dealing with aircraft and vessel crew, and cross border freight operators. More generally, a person who has been confirmed, or is suspected as having the coronavirus or has been in contact with a person who is a carrier of the virus, may not refuse a medical examination, or admission to a health establishment, or submission to mandatory treatment or isolation. In certain instances, if a person refuses to comply, a warrant issued by a court may be obtained to compel compliance.

The isolation periods stand to be referenced to the national departmental guidelines. A repeat test is not required for a person to exit isolation and return to society.

‘Masking’ and Sanitising

The wearing of a face mask is mandatory when in a gathering in an indoor public place, or when using any form of public transport, or when entering public premises. All business premises must determine the appropriate number of people that may be inside the premises and must take steps to ensure that physical distancing is maintained.

Hand sanitisers must be provided for the public and employees to use. Employers must implement methods to promote physical distancing of employees, including enabling employees to work from home, and the provision of sufficient workspace.

Exiting and Entering the Country

Persons exiting and entering the country must have a full vaccination certificate or a negative PRC test result (of not more than 72 hours). Unvaccinated travellers entering the country will be offered vaccinations. Note that persons exiting the country, must also comply with requirements of the destination country.

Funerals and Gatherings

The maximum number of attendees permitted at a funeral is 100 persons. Night vigils and after-funeral gatherings are prohibited during the Covid-19 pandemic. For both indoor and outdoor gatherings, up to 50% of the venue capacity may be occupied provided that the attendees produce a valid vaccination certificate, social distancing is practised, and masks are worn indoors.

The draft amendment goes on to provide that irrespective of these requirements, attendance without proof of vaccination at a gathering will be limited to 1 000 persons indoors and 2 000 persons outdoors. This would mean that indoor gatherings of more than 1 000 people or outdoor gatherings of more than 2 000 people would require attendees to produce their vaccination certificates.

Compliance Officers

All businesses, whether in the public or private sector must designate a compliance officer who will be responsible for developing a plan to monitor and implement containment measures, and ensure adherence to hygiene and health protocols. A copy of this plan must be retained for inspection.

Public Comment

Comments on the draft amendments may be submitted to the Director-General (Department of Health) by 15 April 2022.

Shivani Singh