South Africa

South Africa’s 2021 controversial laws: Controversial new Covid-related rules proposed for South Africa

Across the world there has been a traceable trend where governments are replacing many laws in the constitution with laws that seeks to enable an easy transition into the new world order.

In South Africa, as the government prepares for the end of the national state of disaster, a flurry of directions, codes and regulations dealing with the various aspects of the pandemic were published between 15 March 2022 and 23 March 2022 to ensure the ongoing regulation of Covid-19 related matters.

This includes draft regulations relating to the surveillance and the control of notifiable medical conditions – an Amendment Bill published in terms of the National Health Act on 15 March 2022 by the Department of Health as legal experts at law firm Cliffe Dekker Hofmeyr also noted with concern;

  • At the onset of the pandemic in 2020, the Department of Health classified Covid-19 in a category for the most serious notifiable medical conditions. Other medical conditions in this category include cholera, yellow fever and smallpox. Although Covid-19 is not specifically mentioned in the draft bill, the new regulations may be targeted at increasing the country’s vaccination rate against Covid-19.
  • The Draft Bill states that: “Any person with a confirmed or suspected case of a notifiable medical condition may not refuse to submit to mandatory prophylaxis, treatment, isolation or quarantine in order to prevent transmission”.
  • Cliffe Dekker Hofmeyr law firm said – In addition, those who have a confirmed case of a notifiable medical condition may not refuse to have a blood sample taken or be taken for quarantine.
  • The presidency announced that 60% to 80% of the population has some form of immunity to the virus, either from previous infection or vaccination. However, only 48% of adult South Africans had received at least one vaccine dose, falling short of the target of an 80% vaccination rate.
  • The Draft Bill states that a full vaccination certificate or a negative polymerase chain reaction (PCR) test taken 72 hours from departure would be required for people leaving the country and people who test positive for a notifiable medical condition prior to their departure out of the country, can be subjected to mandatory quarantine. If a person refuses to quarantine or go to a site of isolation or quarantine facility as directed, a court order must be obtained to compel such a person to quarantine.

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