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Know your camping laws and rights in South Africa

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I, Dr Nkosazana Diamini Zuma, Minister of Cooperative Governance and Traditional Affairs, designated under section 3 of the Disaster Management Act, 2002 (Act No. 57 of 2002), having declared a national state of disaster, published in Government Gazette No. 43096 of 15 March 2020, and extended by Government Notices Nos. 646 of 5 June 2020 and 765 of 13 July 2020, hereby in terms of section 27(2) of the Disaster Management Act, 2002, after consultation with the relevant Cabinet members, make the Regulations in the Schedule.

Definitions

1. In these Regulations, “the Regulations” means the regulations published by Government Notice No. R. 480 of 29 April 2020 as amended by Government Notices Nos. R.608 of 28 May 2020, R. 714 of 25 June 2020 and R.763 of 12 July 2020.

Amendment of regulation 33 of the Regulations

2. Regulation 33 of the Regulations is hereby amended by the substitution for subregulation (1A) of the following subregulation:

“(1A) Every person is confined to his or her place of residence from 22H00 until 04H00 daily, except where a person has been granted a permit, which corresponds with Form 2 of Annexure A, to perform a service permitted under Alert Level 3, or is attending to a security or medical emergency.”

Amendment of regulation 37 of the Regulations

3. Regulation 37 of the Regulations is hereby amended by the substitution for paragraph (i) of subregulation (1) of the following paragraph:

  1. (i) Sporting activities, inclusive of both professional non- contact and contact sport matches subject to-
    1. (i) directions for sports matches issued by the Cabinet member responsible for sport after consultation with the Cabinet member responsible for health;
    2. (ii) only journalists, radio, television crew, security personnel, emergency medical services, and the necessary employees employed by the owners of the venue of the sport match, are allowed at the venue of the sports match;
    3. (iii) only the required number of players, match officials, support staff and medical crew required for the sport match, are allowed at the venue of the sports match;
    4. (iv) no spectators are allowed at the venue or precinct of the sports match;
    5. (v) no international sport events are allowed; “

Amendment of regulation 39 of the Regulations

4. Regulation 39 of the Regulations is hereby amended by-

  1. (a) the substitution for paragraph (b) of subregulation (2) of the following paragraph:
  2. “(b) sports grounds and fields and swimming pools, except for –
    1. (i) the training of professional athletes; and
    2. (ii) professional non -contact and contact sports matches as referred to in regulation 37(1)(1)”
  3. (b) the substitution for paragraph (e) of subregulation (2) of the following paragraph:
    1. (e) hotels, lodges, bed and breakfasts, timeshare facilities and resorts and guest houses, except to the extent that these facilities are required for accommodation by-
      1. (i) the remaining tourists confined to such facilities;
      2. (ii) persons for work purposes;
      3. (iii) persons in quarantine or isolation; and
      4. (iv) persons utilizing such facilities for intra- provincial leisure purposes: “; and
  4. the substitution for subregulation (3) of the following subregulation:
    1. “(3) Tourist attractions must remain closed except for intra- provincial private self -drive excursion activities and guided tours. “.

Amendment of regulation 41 of the Regulations

5. Regulation 41 of the Regulations is hereby amended by the substitution for subregulation (1) of the following subregulation:

1) During the national state of disaster all borders of the Republic must be closed, except for ports of entry designated by the Cabinet member responsible for home affairs, for

(a) the transportation of fuel, cargo and goods;
(b) humanitarian operations, repatriations, evacuations, medical emergencies, movement of staff of diplomatic and international organisations and other exceptions as may be determined by the relevant Cabinet member by directions; or
(c) foreign sea crew for the purposes of exchange of sea crew in the Republic.

Substitution of Table 2 of the Regulations

6. Table 2 of the Regulations is hereby substituted for the following Table:


TABLE 2: ALERT LEVEL 3

All persons who are able to work from home must do so. However, persons will be permitted to perform any type of work outside the home, and to travel to and from work and for work purposes under Alert Level 3, subject to

  1. (a) strict compliance with health protocols and social distancing measures
  2. (b) the return to work being phased -in in order to put in place measures to make the workplace COVID -19 ready
  3. (c) the return to work being done in a manner that avoids and reduces risks of infection and
  4. (d) the work not being listed under the specific economic exclusions in this Table.

SPECIFIC ECONOMIC EXCLUSIONS

  1. Sale, dispensing or transportation of liquor except as provided for in regulation 44.
  2. Sale of tobacco, tobacco products, e- cigarettes and related products to members of the public and to persons including retailers who sell directly to the members of the public, except as provided for in regulation 45.
  3. Hotels, lodges, bed and breakfasts, timeshare facilities and resorts and guest houses, for inter -provincial leisure purposes.
  4. Short term home -sharing /letting /leasing /rental.
  5. Domestic passenger air travel for leisure purposes.
  6. Passenger ships for leisure purposes.
  7. Sporting and recreational events including international sports invitation and events, except as provided for in regulation 37(1)(i) of the regulations.
  8. Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport.
  9. Exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education.

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