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02 Apr 2020
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Kwanalu: COVID-19 Update: 02/04/20

This post is for the use of Kwanalu Members only.

 Dear Kwanalu Members

We are currently dealing with a vast number of queries, comments and inputs. These range from amongst other: transport issues, permits – self-regulation and other, water shortages, matters pertaining to SAPS, RTI, SANDF, import and export challenges, Eskom outages, labour – unions, interpretations, BCEA, etc. the list goes on.  We will endeavour to continue to bring you sector-related information as accurately as possible.  Kwanalu and Agri SA are lobbying to ensure that the interests of our members are always addressed.

Please note that the regulations are being amended as situations arise, such amendment has taken place whilst this email has been prepared, there is now a fair amount of content below specific to the agricultural sector, please take the time to read it.

Content:

  1. * Amended regulations published 02/04/20
  2. Amended regulations published by the Minister of Transport (31/3/20)
  3. * Self-regulation Permit – SEE AMENDMENT
  4. What to Do If You Suspect A Case Of Covid-19 In Your Workplace
  5. Screening & Testing to be undertaken – On Farm Protocol
  6. Department of Labour Inspections – Covid-19
  7. Safety & Security Useful tips and info, Covid-10

1. New – Amended regulations published 02/04/20

The Minister of Cooperative Governance has published amended regulations on 2 April 2020. The relevant clauses which apply to agriculture and the value chain are summarised as follows below:

  1. For the period of lockdown—
  • every person is confined to his or her place of residence, unless strictly for the purpose of performing an essential service, obtaining an essential good or service;
  • movement between provinces and between metropolitan and district areas is prohibited except—

(aa) for essential workers who have to travel to and from work;

(bb) transportation of cargo from ports of entry to their intended destination, on condition that necessary precautions have been taken to sanitise and disinfect such cargo;

  1. “(6)(a) All borders of the Republic are closed during the period of lockdown, except for ports of entry designated by the responsible Cabinet member for the transportation of fuel, cargo and goods during the period of lockdown.
  2. (6)(c) The Cabinet member responsible for transport may issue directions with regard to sea cargo operations and air freight operations.
  3. All commuter transport services including passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport are prohibited, except bus services, taxi services, e-hailing services and private motor vehicles necessary for purposes of rendering essential services, obtaining essential goods or services, seeking medical attention, funeral services and for collecting payment of grants and pensions: Provided that—

(a) bus services and e-hailing services shall not carry more than 50% of the licensed capacity;

(b) taxi services shall not carry more than 70% of the licensed capacity; and

(c) private vehicles shall not carry more than 60% of the licensed capacity, and that all directions in respect of hygienic conditions and the limitation of exposure of persons to COVID-19, are adhered to.

  1. (3) The Cabinet member responsible for transport must issue directions for the transportation of persons who must obtain essential goods or services where such person has no other means of transport except public transport, as contemplated in subregulation (1).”
  2. Grocery stores and wholesale produce markets, including spaza shops and informal food traders, with written permission from a municipal authority to operate being required in respect of informal food traders;
  3. Air-traffic Navigation, Civil Aviation Authority, air charters, Cargo Shipping and dockyard services;”; and
  4. Transport and logistics in respect of cargo and goods as set out in Part A to neighbouring countries;”.

Whilst regulation 11 B(b)(3) now makes it clear that essential workers may travel between metropolitan areas and districts and across provinces, there is still no express provision for essential goods to be transported across these borders, other than from ports of entry.  This seems to be an omission that needs to be addressed to bring clarity.

Note that fresh produce markets may operate, but only if they have written permission from the relevant municipal authority, which will apparently only be given if informal traders need the markets to be open.

Regarding transport, bus services may only carry 50% of their licenced capacity, taxi’s 70% and private vehicles 60%. Circumstances under which persons may be carried on goods vehicle is still not spelt out, but in this regard see point 2 below and the associated commentary.

Click here for the amended regulations: REGULATION 43199_02-4 AMENDED COVID_19

 

2. Regulations published by the Minister of Transport (31/3/20)

Minister Fikile Mbalula on 31 March 2020 published new regulations for transport services.

The regulations, although dealing primarily with public transport, contains one reference to private vehicles. That relates only to operating hours and permits for essential businesses to determine their own hours for transportation in line with their shifts or timetables. The regulations require that these schedules should be in writing stamped and signed by the person in charge.

The lockdown regulations are silent on the conditions that apply where people are transported on trucks or bakkies. However, even though it is not illegal to convey workers in such a manner, members are cautioned that there are risks involved in transporting people on open vehicles.

A report on transporting has been drafted click here for more: Comment on transport regulations – COVID 19 01.04.2020

 

3. Self-Regulation Permit – CHANGE 31/3/20

Following the amendments gazetted.  The self-regulation permit for essential business must include: The operating shifts or work schedules or timetable should be stamped and signed by such person with authority as contemplated in direction 6(6) (a).

For ease we have created a second page which you can just annex to the existing essential services permit or alternatively you can redo all your permits to include this new requirement.

Click here for self-regulation permit new page 2 only: Page 2 only Permit to Perform Essential Services shifts_schedules 020420

Click here for self-regulation permit page 1 and 2: PERMIT TO PERFORM ESSENTIAL SERVICES amended 2420 incl pg 2 shifts_schedules

 

4. What To Do If You Suspect A Case Of Covid-19 In Your Workplace

An English and Afrikaans infogram has been put together for your use.  You are welcome to print this and display in the workplace.

Click here Eng: AgriSA_What to do if you suspect a Covid-19 case_V3

Click here Afrik: 3AgriSA_Wat om te doen as jy Covid-19 vermoed_W3

 

5. Screening & Testing to be undertaken

Following the announcement of the President we understand Govt. will be scaling up screening, testing, tracing for COVID-19.  Please note that visits can ONLY be made by appointment and in accordance with the On-Farm Protocol. More importantly they must strictly adhere to all guidelines regarding COVID-19.

Identification Tips and criteria by Field testers:

  • Must carry ID badges
  • Wear the same T-shirts
  • Carry their RSA ID documents
  • Be accompanied by a SAPS officer
  • Tests can be done outside the home/workplace
  • Covid-19 Hotline – 080 002 9999

 

6. Department of Labour Inspections
It appears that the Department of Labour may be visiting farms for inspections. Please note that visits can ONLY be made by appointment and in accordance with the On-Farm Protocol. More importantly they must strictly adhere to all guidelines regarding COVID-19.

Specific aspects that the inspectors are addressing:

  • Availability of hand sanitizers
  • Is Covid-19 part of your risk assessment
  • is Social distancing being maintained
  • Transporting of workers;
    • are there markers on the floor of vehicles where people have to sit / stand.
    • Is the carrying capacity being adhered to
    • Are transport permits in place; for each individual
      Masks for drivers
  • Is training being provided to workers on COVID-19 and records of such training are kept
  • Evidence that the farm health & safety committee meet regularly on the pandemic and that they sign off on sessions.

 

7.Safety & Security Useful tips and info, Covid-10
The regulations aim to prevent or limit the movement of people except in cases where an essential service is rendered, for eg.

  • Regulation 18 makes provision for the police, defence force, peace officers, traffic officers and defence force medical personnel as essential services.
  • Regulation 20 makes provision for private security companies as an essential service. The police’s interpretation is that farm watches registered with PSIRA perform an essential service. Most farm watches, however, do not provide an essential service.

For more please click here Eng:  AgriSA_RuralSafety_Suggestions for members_V3
AgriSA_LandelikeVeiligheid_Wenke vir lede_W3