• Adami Geldenhuys

Covid-19 Regulatory Update 20 - 26 October 2021

Updated: Dec 14, 2021


Featured in this week’s edition are:

  • the government notice published by the Compensation Fund explaining the requirements for claims by employees for injuries, illness or death as a result of receiving a Covid-19 vaccine;

  • the ministerial directives for adjusted lockdown level one relating to schools, seaports and air services;

  • a new e-book Comparative Federalism and Covid-19 Combating the Pandemic, and

  • a report by the Department of Social Development on The Rapid Assessment of the Implementation and Utilisation of the Special Covid-19 SRD Grant.

The following webinars are scheduled for November 2021:

  • COVID-19 in Sub-Saharan Africa webinar on 18 November 2021 presented by the International Federation of Associations of Pharmaceutical Physicians & Pharmaceutical Medicines in collaboration with Fundisa African Academy of Medicines Development. Topics and speakers include:

Prof Rhoda Wanyenze - COVID-19 - Experiences from Uganda, Democratic Republic of Congo, Senegal, and Nigeria.

Prof Charles Wiysonge -Vaccine Policy, Usage and Vaccine Hesitancy in South Africa.

Prof Elmien du Plessis - Legal Responses to the Pandemic in South Africa, including Human Rights Considerations.

More information available at https://us02web.zoom.us/webinar/register/WN_vVKV6hWgSvamopyKXsdtdQ

  • The latest vaccine regulations and labour law update presented by labour law expert Andrew Goldberg, attorney Larry Dave and case law expert Louis Podbielski. This webinar is scheduled for 4 November 2021. More information is available at https://my.demio.com/ref/tQdesfKmf8A5H3kr

ALCOHOL

AVIATION

COMPETITION

CORRUPTION

COVID-19 TESTING

EDUCATION | SCHOOLS

EMPLOYMENT

FEDERALISM

INSURANCE

IVERMECTIN

LOCKDOWN CONTRAVENTIONS

SEA PORTS

SOCIAL RELIEF

VACCINES


ALCOHOL


South African Breweries (Pty) Ltd v Minister of Co-operative Governance and Traditional Affairs [2021] 4 All SA 189 (WCC)

All South African Law Reports summary: Powers of Minister of Co-operative Governance and Traditional Affairs – Making of regulation to suspend and limit sale, dispensing or transportation of alcoholic beverages during State of national disaster – Disaster Management Act 57 of 2002, s 27(2) empowering Minister to make regulations – Impugned regulation found to be lawful, and issued in procedurally fair manner – Civil procedure – Urgency – General rule is that party’s failure to institute proceedings on issue that existed, and of which that party may have been aware for some time, would make it difficult for such party to have that issue adjudicated on urgent basis – Exception to rule is where there is ongoing violation of rights.

All South African Law Reports available from LexisNexis.


AVIATION


Disaster Management Act 57 of 2002

Amendment of Directions issued by Minister of Transport published under GN63 in GG 44124 of 29 January 2021 as amended by GN158 in GG 44208 of 1 March 2021: Measures to address, prevent and combat the spread of Covid-19 in the air services for Adjusted Alert Level 1.

GN1091 GG 45379 p3 22Oct2021

(Replacement of GG 45376 erroneously published on 22 October 2021)


Updated level 1 lockdown rules for schools and travel in South Africa.

2021 Oct 25 BusinessTech


COMPETITION


Kahn, Tamar. Competition regulator expects to act soon on high cost of Covid-19 tests.

2021 Oct 25 Business Day

“SA has spent an estimated R9bn on Covid-19 tests since the pandemic began, says Competition Commission chief economist.”


CORRUPTION


Monama, Tebogo. Ex-Gauteng Health CFO loses bid to have Premier Makhura held liable for PPE scandal.

2021 Oct 25 News24


COVID-19 TESTING


Groundup. Covid-19 testing is too expensive and too difficult in South Africa.

2021 Oct 25 Groundup

“South Africa is doing too few Covid tests. The price of a Covid antigen test is R350 at testing centres, but the wholesale price is about R130, and in other countries it’s much cheaper. Antigen tests, which give accurate enough results within 30 minutes, should be available at all pharmacies, and even for use in the home, the workplace and at school.”


EDUCATION | SCHOOLS


Disaster Management Act 57 of 2002

Amendment of Directions issued by Minister of Basic Education regarding the closing and re-opening of schools and measures to address, prevent and combat the spread of COVID-19 in the in the National Department of Basic Education, all Provincial Departments of Education, all education district offices and all schools in the Republic of South Africa: Directions published under GN42 in GG 44154 of 12 February 2021, amended under GN 145 in GG 44339 of 27 March 2021, GN 224 in GG 44486 of 23 April 2021, GN 451 in GG 44633 of 28 May 2021, GN 393 in GG 44779 of 29 June 2021, GN 422 in GG 44858 of 15 July 2021 and GN 442 in GG 44922 of 1 August 2021.

GenN633 GG 45380 p3 22 Oct 2021


Updated level 1 lockdown rules for schools and travel in South Africa.

2021 Oct 25 BusinessTech


EMPLOYMENT


Compensation for Occupational Injuries and Diseases Act 130 of 1993

Notice on compensation for COVID-19 vaccination side-effects published in terms of section 6A(b).

GenN629 GG 45358 p3 22Oct2021


FEDERALISM

Steytler, Nico (ed.) Comparative federalism and Covid-19 combating the pandemic. – Routledge, 2021.

eBook ISBN9781003166771

“This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts. The Covid-19 pandemic presented an unprecedented emergency for countries worldwide, including all those with a federal or hybrid-federal system of government, which account for more than 40 per cent of the world’s population. With case studies from 19 federal countries, this book explores the core elements of federalism that came to the fore in combatting the pandemic: the division of responsibilities (disaster management, health care, social welfare, and education), the need for centralisation, and intergovernmental relations and cooperation. As the pandemic struck federal countries at roughly the same time, it provided a unique opportunity for comparative research on the question of how the various federal systems responded. The authors adopt a multidisciplinary approach to question whether federalism has been a help or a hindrance in tackling the pandemic. The value of the book lies in understanding how the Covid-19 pandemic affected federal dynamics and how it may have changed them, as well as providing useful lessons for how to combat such pandemics in federal countries in the future.”


INSURANCE


Stokes, Gareth. SCA rules on BI indemnity period.

2021 Oct 19 FA News

“According to Santam, the policy defines an indemnity period as commencing with the damage as contemplated, which results in the loss, and ends ‘not later than the number of months thereafter stated in the schedule during which the result of the business shall be affected in consequence of the damage,” writes the Registrar of the SCA. And this, claimed the insurer, meant that the maximum period of the indemnity should be limited to just three months, which was the term stated in a ‘memorandum’ to the BI section of the policy. Ma-Afrika contended that the indemnity period was 18 months.”


IVERMECTIN


Langreth, Robert. Ivermectin poisonings rise as unproven use for Covid soars.

2021 Oct 21 Moneyweb

“Improper use ‘may result in serious side effects requiring hospitalisation.’ Study authors from the Oregon Health & Science University wrote.”


LOCKDOWN CONTRAVENTIONS


Al-Arshani, Sarah. Spain is reimbursing residents who were fined for violating Covid-19 lockdown rules.

2021 Oct 24 Business Insider US


SEA PORTS


Disaster Management Act 57 of 2002

Amendment of Directions issued by Minister of Transport published under GN79 in GG 44140 of 10 February 2021: Measures to address, prevent and combat the spread of Covid-19 at sea ports for Adjusted Alert Level 1.

GN1076 GG 45375 p3 22Oct2021


SOCIAL RELIEF


Mafata, Masego. Unemployed mothers and caregivers struggle to access Covid-19 grant.

2021 Oct 25 Groundup


Department of Social Development. The rapid assessment of the implementation and utilisation of the special Covid-19 SRD grant. July 2021.


VACCINES


AntiVaxxers


Ossinger, Joanna. Singapore turns the screw against antivaxxer group.

2021 Oct 21 Business Day

“Health ministry issues a correction order to website Truth Warriors over claims that Covid-19 shots are ineffective.”


Booster Shots


Americans can mix and match COVID-19 boosters but original vaccine recommended - Fauci.

2021 Oct 24 SABCNews

“Americans can choose a COVID-19 booster shot that is different from their original inoculation but the recommendation is to stick with the vaccine they got first if it is available, White House chief medical adviser Dr. Anthony Fauci said on Friday. “It’s generally recommended that you get the booster that is the original regimen that you got in the first place,” Fauci, director of the National Institute of Allergy and Infectious Diseases, said in an interview with CNN.”


Rosenbaum, Leah. The FDA is reportedly planning to allow 'mix-and-match' booster shots.

2021 Oct 19 Business Insider US


Children


Ellis, Estelle and Banda, Michelle. Covid-19 vaccines have more benefits than risks for children, says Sahpra.

2021 Oct 25 Daily Maverick


Githahu, Mwangi. Western Cape says it’s prepared for any possible court challenges over adolescents getting Covid-19 vaccine.

2021 Oct 22 Cape Argus


Jamieson, Lucy; Skelton, Ann and Magaya, Isabel. Consent for Covid-19 vaccination in children: knowing the law.

2021 Oct 22 Daily Maverick

“This week adolescents between the ages of 12 and 17 became able to get vaccinated at government and private vaccination sites without their parents’ consent. This has sparked a debate about the Children’s Act and the relationship between children’s rights and parents’ responsibilities and rights.”


Mandatory Vaccinations


August, Corbin. Law can be used to persuade people to take COVID-19 vaccine: Justice Cameron.

2021 Oct 20 SABCNews


Businesses head to court for clarity on mandatory Covid-19 vaccines in South Africa: report.

2021 Oct 25 BusinessTech

“Organised business group Business Unity South Africa (BUSA) says it will approach the High Court for clarity on introducing mandatory Covid-19 vaccinations at businesses in South Africa.

BUSA will apply for a declaratory order to help give business owners and employers confidence on where exactly the law stands, chief executive Cas Coovadia told Business Day.”


Hlati, Okuhle. UCT may face legal action over mandatory Covid-19 vaccination policy.

2021 Oct 21 Cape Times

“UCT may soon be challenged for its decision to approve mandatory vaccination in principle, for its campus community for the next academic year. As of January 1, all staff as a condition of being able to perform their duties and students as a condition of registration, will be expected to provide “acceptable” proof of having been jabbed against Covid-19.”


Moodley, Nivaani and Atkinson, Jenna. Mandatory vaccination in the workplace: considerations for employers.

2021 Oct 20 Webber Wentzel

“Various unanswered questions around mandatory vaccination may be tested in the courts after several organisations have announced that they are implementing mandatory vaccination policies at their workplaces.”


Pikoli, Zukiswa. 'Personal privilege ends where public peril begins': Making the case for mandatory vaccination.

2021 Oct 20 Daily Maverick

“Whether to get vaccinated against Covid-19 has been hotly debated across the world. On Wednesday evening, the Steve Biko Centre for Bioethics held a discussion, “The Case for Mandatory Vaccines”, in which Professor Keymanthri Moodley, director of the Centre for Medical Ethics and Law at Stellenbosch University, argued for mandatory vaccination against Covid-19.”


Sibanda, Omphemetse S. South African universities heading in the right direction by mandating Covid-19 vaccination.

2021 Oct Daily Maverick


Zimu, Musa and Vurgarellis, Veronica. The legality of mandatory COVID-19 vaccination in the workplace.

2021 Oct 20 Lawtons Africa

“There is a delicate and trepidatious balancing of interests to be undertaken by employers when deciding on a vaccination policy. Though currently inchoate, we will no doubt see principles start to crystalise as our courts are confronted with litigation following the implementation of vaccination policies in the workplace.”


Sputnik V


Namibia halts use of Sputnik jabs after SAHPRA HIV fears.

2021 Oct 24 Eyewitness News


Undocumented People


Stent, James. Undocumented people can now get Covid vaccines - in some areas.

2021 Oct 21 Groundup

“Provincial pilot programmes are underway but details are vague.”



Date posted: 26 October 2021





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