Are guests at accommodation establishments allowed to use the facility’s swimming pools?
FEDHASA Legislative Advisor, Peter Cumberlege responds:
Changes under the Amended Alert Level 3 refer to “public swimming pools” other than the section headed “Places and premises closed to the public” which refers to “swimming pools”.
My personal opinion is that it would be reasonable to suppose that an accommodation establishment swimming pool open solely to residents would not be defined as a “public” pool and it would also be reasonable to suppose, in my opinion, that any reference to “swimming pools” refers to municipal pools open to the public.
However, if accommodation establishments are uneasy about opening their pool to residents then it would perhaps be an idea to contact their local SAPS station commander as they will be responsible for policing the regulations.
Are Mini Bars permitted in guest bedrooms?
FEDHASA Legislative Advisor, Peter Cumberlege responds:
Obviously, the Amended Alert Level 3 does not make reference to “mini bars”. The section dealing with the prohibition of alcohol states – “The sale, dispensing, and distribution of liquor for both off-consumption and on-consumption is prohibited”.
In my opinion, it is the intent behind the provisions that will count and not necessarily the specific wording. I would suggest therefore that minibars would fall under such a definition and should be emptied. However, am certain that any number of members may well disagree with me. It would therefore perhaps be an idea for members to contact their local SAPS station commander as they will be responsible for policing the regulations.
Is adjusted Level 3 the same as the Level 3 regulations South Africa was subject to in May?
No. Adjusted Level 3 changes regulations are not the same as those issued in May and amended in July. Most notably, inter-provincial leisure travel is permitted, whereas in prior Level 3 regulations it was only permitted within provinces.
Which areas have been declared as hotspots?
- Eastern Cape: Chris Hani District, Buffalo City, Amathole District, Alfred Nzo District and the OR Tambo District. These are in addition to Nelson Mandela Bay Metro and the Sarah Baartman District, which have already been declared hotspots.
- KwaZulu-Natal: eThekwini, Umgungundlovu District, Ugu District, Harry Gwala District, King Cetshwayo District and Ilembe District.
- Gauteng: West Rand District, Tshwane, Ekurhuleni and Johannesburg.
- Western Cape: West Coast District, Overberg District, Winelands District, Cape Town, Central Karoo District are hotspots. This is in addition to the Garden Route District.
- North West: Bojanala District.
- Limpopo: the Waterberg District and the Capricorn District.
Are the international borders still open?
Travel to and from South Africa is allowed subject to:
- The traveller providing a valid certificate of a negative test which was obtained not more than 72 hours before the date of travel
- In the event of the traveller’s failure to submit a certificate as proof of a negative test, the traveller will be required to do an antigen test on arrival at his or her own costs.
- In the event of a traveller testing positive for COVID-19, he or she will be required to quarantine him or herself at his or own cost.
International air travel is restricted to the following airports:
- OR Tambo International Airport
- King Shaka International Airport
- Cape Town International Airport
Is domestic travel allowed?
The Transport Minister will issue directions for the resumption of different modes of public transport to cater for the gradual return to work of people in respect of, among others, domestic air travel, taxi services, bus services and private vehicles, etc.
Vehicles may not carry more than 70% of the licensed capacity for long-distance travel (defined as a trip of 200km or more), however, these may carry 100% of licensed capacity for any trip not regarded as long-distance travel.
Can we travel for leisure?
The Adjusted Level 3 Regulations do not prohibit leisure travel. International and domestic travel is permitted and subject to the strict health and hygiene protocols that can be found here.
What happens if my flight arrives within curfew hours?
The inter-ministerial briefing confirms that passengers can show proof of the arrival of their flight if stopped by law enforcement en route to their hotel or home.
What are the curfew times that apply?
Every person must be confined to his or her place of residence from 21h00 to 06h00, except in areas declared a hotspot, unless:
- They’ve been granted permission with a permit
- Are attending to a security or medical emergency
What are the closing times for establishments?
Whether indoors or outdoors, the following establishments must close by 20h00:
- Cinemas
- Theatres
- Casinos
- Museums, galleries and archives
- Gyms and fitness centres
- Restaurants
- Venues hosting auctions
- Venues hosting professional sport
Do my customers have to wear a face mask?
The wearing of a face mask is mandatory for every person when in a public place, and any person who fails to comply with a verbal instruction by an enforcement officer to wear a mask commits an offence and is, on conviction, liable to a fine or a period of imprisonment not exceeding six months. You should not allow entry to anyone who is not wearing a face mask.
Can I host gatherings at my venue / hotel / guesthouse / restaurant, etc.?
An owner or operator of any facility where gatherings are held must display the certificate of occupancy which sets out the maximum number of persons the facility may hold.
All social gatherings are prohibited for two weeks from 29 December.
Gatherings at restaurants, cinemas, theatres, conferencing, dining and entertainment facilities are limited to 50 persons or less for indoor venues and 100 persons or less for outdoor venues. If the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50% of the capacity of the venue may be used.
Are all beaches closed?
No – only those in areas declared as hotspots.
All beaches, dams, lakes and river, inclusive of recreational facilities at these places are closed to the public in all the areas declared as hotspots
Are there regulations pertaining to beaches that are not closed?
Beaches that are open to the public in non-hotspots will only be open between 06h00 and 19h00 and will be monitored for compliance with all health protocols and social distancing measures.
Are game parks still allowed to operate?
Game parks, botanical gardens, aquariums and zoos where access control measures and entry limitations are already in place, will remain open to the public.
These may be open between 09h00 and 18h00 and will be monitored for compliance with all health protocols, wearing of face masks and social distancing measures.
Can I operate my accommodation at 100% capacity?
Hotels, lodges, B&Bs, timeshare facilities, resorts and guest houses are allowed full capacity of the available rooms for accommodation, with patrons observing a distance of at least one and a half metres from each other when in common spaces.
Which places are closed to the public in the adjusted Level 3 regulations?
- Night clubs
- Swimming pools
- Bars, taverns and shebeens
- Public parks
Can I serve alcohol at my premises?
The consumption of liquor in public places is prohibited. The tasting and selling of liquor to the public by registered wineries, wine farms and other similar establishments is prohibited.
When will the adjusted Level 3 Regulations be reviewed?
The Level 3 restrictions will remain in place until 15 January 2021 at which point they will be reviewed on the basis of the state of the pandemic in South Africa.
Adjusted Level 3 Gazettes
The Minister of Cooperative Governance and Traditional Affairs has published two gazettes:
- This gazette confirms the move from Alert Level 1 to Adjusted Alert Level 3 together with a list of the declared hot spots.
- This gazette provides for all of the restrictions that will apply under Adjusted Alert Level 3 both nationally and throughout hot-spot areas.
