• Adami Geldenhuys

Covid-19 Regulatory Update: 6 to 12 October 2021

This edition refers to the special grant directive amendment; the Supreme Court of Appeal judgment on Covid-19 pandemic payouts; the amendment to the lockdown regulations to ease spectator sport restrictions; news on vaccine certificates, mandatory vaccinations and corruption.

CONSTITUTIONAL RIGHTS

CORRUPTION

EMPLOYMENT

HOSPITALS

INSURANCE

LAW FIRM PRACTICE MANAGEMENT

SOCIAL GRANTS

SPORT

VACCINES

TAXATION

TRAVEL


CONSTITUTIONAL RIGHTS


COVID-19 has worsened inequalities girl children experience: Amnesty International. -

2021 Oct 11 SABCNews


Curlewis, Llewelyn Gray and Venter, Shandré. Are fundamental human rights being eroded during the COVID-19 pandemic? A discussion of the Brits application. - 2021 Oct De Rebus p14


Fambasayi, Rongedzayi and Okunrobo, Hadiza Omoyemhe. Children’s rights and COVID-19 responses under the African Union: Recent developments and challenges. - 2021 54(1) Comparative and International Law Journal of Southern Africa


CORRUPTION


Babita Deokaran


Cruywagen, Vincent. Possible ‘mafia’ link to murder of Babita Deokaran. - 2021 Oct 10 Daily Maverick


Carletonville Hospital


Lindeque, Mia. Fire at Carletonville Hospital caused by arson, probe finds. - 2021 Oct 7 EWN

“The fire destroyed R16.5 million worth of equipment which was being stored for the AngloGold Ashanti Hospital and R3.8 million worth of PPE for the Carletonville Hospital.”


PPE


Heywood, Mark. Competition Commission and SIU investigate police’s disinfectant supplier Red Roses Africa. - 2021 Oct 6 Daily Maverick

“On 20 September Daily Maverick published an exposé of hugely wasteful and possibly corrupt expenditure by the SAPS on PPE between April and July 2020. We pointed in particular to one company, Red Roses Africa, that had benefited from a R515m contract to provide disinfectant at what appear to be grossly exaggerated prices. It is surprising that, despite the seriousness of the allegations, to date there has been no direct response to the claims made in the article from the minister of police, commissioner of police, National Treasury or indeed any level of government.”


Heywood, Mark. Net closing in on PPE looters after SARS and Hawks execute surprise pincer movement. - 2021 Oct 11 Daily Maverick

“First came a statement from the Directorate for Priority Crime Investigation (the Hawks), which announced an “investigation under way” into fraud and/or corruption by the SAPS “in the procurement of PPE [personal protective equipment] between April and July 2020”…. Then, in another significant move, the South African Revenue Service (SARS) also announced on Friday that it had “recently been focusing on 52 non-compliant companies that received R1-billion in contracts for the supply of personal protective equipment (PPE) and other Covid-19 related services”.”


TERS


Hawks swoop on R10 million COVID-19 TERS 'fraudsters'. - 2021 Oct 8 Daily Maverick

“A Hawks’ Serious Corruption Investigation team in Germiston has swooped on three company directors who allegedly defrauded the COVID-19 Temporary Relief Scheme Fund (TERS) of about R10 million last year.”


EMPLOYMENT


Marriah-Maharaj, Jolene. Durban woman fired for not attending work during lockdown last year wins case in the CCMA. - 2021 Oct 8 IOL


HOSPITALS


Public Protector of South Africa. Report No. 71 of 2021/22: Report on an investigation into the administration, management and the responsiveness of certain Gauteng Hospitals to the Covid-19 pandemic. 1 October 2021.


INSURANCE


Santam Ltd v Ma-Afrika Hotels (Pty) Ltd and Another (255/2021) [2021] ZASCA 141 (7 October 2021)

Interpretation of insurance contract – Whether agreed indemnity period is 18 months or three months for infectious diseases cover – Principles restated.


Naidoo, Suren. Santam loses big business interruption insurance appeal case. - 2021 Oct 7 Moneyweb

Planting, Sasha. Santam loses Supreme Court appeal against Covid-19 pandemic payouts. - 2021 Oct 7 Daily Maverick


Theunissen, Garth. Santam business interruption ruling brings legal certainty for beset insurers. - 2021 Oct 7 Business Day

“In a ruling that brings legal certainty on an issue that hurt the reputation of short-term insurers and soured relationships with clients, Santam has lost its appeal against a decision that it must pay businesses affected by the pandemic and lockdowns in full.”


LAW FIRM PRACTICE MANAGEMENT


Dzinamarira, Cledwin. Identified risks of COVID-19 on law firm practice management. -

2021 Oct De Rebus p8


SOCIAL GRANTS


Disaster Management Act 57 of 2002

Directions issued in terms of Regulation 4(10). Amendment to GN681 GG 44938 p3 03Aug2021: Measures to prevent and combat the spread of Covid-19 - Applications for a Social Relief of Distress Grant.

GN1028 GG 45302 p3 11Oct2021


SPORT


Disaster Management Act 57 of 2002

Regulations under section 27(2): Amendment of RGN480 of 29 April 2020 as amended by RGN608 of 28 May 2020; RGN714 of 25 June 2020; RGN763 of 12 July 2020; RGN846 of 31 July 2020; GN891 of 17 August 2020; GN999 of 18 September 2020; GN1011 of 20 September 2020; GN1053 of 1 October 2020; GN1104 of 21 October 2020; GN1199 of 11 November 2020; GN1290 of 3 December 2020; GN1346 of 15 December 2020; GN1370 of 17 December 2020; GN1421 of 24 December 2020; RGN1423 of 29 December 2020; RGN1435 of 29 December 2020; RGN11 of 11 January 2021; RGN69 of 1Feb2021; RGN92 of 13Feb2021; RGN93 of 13Feb2021; RGN152 of 28 February 2021; RGN284 of 30Mar2021; GN376 of 23 April 2021; RGN477 of 31May2021; RGN530 of 15Jun2021; RGN532 of 17Jun2021; RGN565 of 27Jun2021; RGN567 of 29Jun2021; RGN610 of 11Jul2021; RGN612 of 14Jul2021; RGN614 of 14Jul2021; RGN651 of 25Jul2021; GN669 of 30Jul2021; RGN869 of 12 Sep2021 and RGN953 of 26 Sept 2021.

Amendment of Regulation 69 (Gatherings) relating to sports events. In operation on date of publication.

RGN1024 GG 45297 p3 11Oct2021


Govt just updated the lockdown laws – and now stadiums can open to sports fans. - 2021 Oct 11 Business Insider SA

Mphahlele, Mahlatse. Cogta minister Nkosazana Dlamini-Zuma amends regulations to allow fans to watch Bafana against Ethiopia. - 2021 Oct 11 Times Live


VACCINES


Dumped Vaccines


Covid-19: Pharmacist arrested after thousands of vaccines found dumped in Egypt. -

2021 Oct 11 News24

“Egyptian authorities arrested three people accused of dumping thousands of unused Covid-19 vaccine jabs found last week in a water drain in a southern city, the public prosecution said.”


Mandatory Vaccination


Dey-van Heerden, Alistair. On a wing and a prayer: Considerations around applications for exemption from mandatory vaccination policies based on religious grounds. -

2021 Oct 4 Cliffe Dekker Hofmeyr


Grobler, Hilda. Right to refuse a vaccination is not cast in stone. - 2021 Oct 5 GoLegal


Govender, Suthentira. Getting vaxxed against Covid-19 will not be mandatory by law: Joe Phaahla. - 2021 Oct 11 TimesLive

Guardrisk. Will insurers and reinsurers ask for employees’ vaccination profiles at EB renewals? - 2021 Oct 7 FA News

“With death claims soaring in the wake of the Covid-19 pandemic, employer and fund schemes offering employee benefits (EB) have not escaped unscathed and this is likely to affect pricing at renewal. That’s according to Francois Schaap, Managing Executive, Guardrisk Life.”


Kahn, Tamar. Mediclinic and Life Healthcare join trend of mandating jabs for staff. -

2021 Oct 7 Business Day


Parliamentary Question: Hlengwa, Ms MD to ask the Minister of Health. 08 October 2021 - NW2267.

“(1)Whether, in light of vaccination hesitancy surrounding the uptake of COVID-19 vaccines, the Government intends to make COVID-19 vaccinations mandatory by law; if not, why not; if so; (2) whether such mandatory vaccinations will be required for all persons in the Republic by law; if not, why not; if so, what are the relevant details; (3) whether the mooted mandatory vaccination will be targeting some industries; if not, what is the position in this regard; if so, (a) which industries and (b) what are the reasons; (4) what informs the Government’s position on making vaccinations mandatory by law; (5) whether the Government will allow the private sector leeway to impose such mandatory requirements for COVID-19; if not, why not; if so, what are the relevant details?”


Vaccine Certificates


Daniel, Luke. Vaccine certificate site off to a shaky start – govt will resend all EVDS codes to help. - 2021 Oct 9 Business Insider SA


Farber, Tanya. Covid-19 vaccination e-certificates ‘not fake’ but website not yet launched.

2021 Oct 7 Business Day

“Health department spokesperson Foster Mohale says it is not fake, but merely premature.”


Online vaccination certificate portal still being tested, says Health Dept. - 2021 Oct 6 Eye Witness News

“Department spokesperson, Foster Mohale, said that technicians were building a lot of security into the system to ensure that people's personal data was protected.”


TAXATION


South African Revenue Service. SARS tackles non-compliant PPE companies. 8 November 2021.

“The South African Revenue Service (SARS) has recently been focussing on 52 non-compliant companies that received R1-billion in contracts for the supply of personal protective equipment (PPE) and other Covid-19 related services. To date, 11 companies have been convicted, 7 cases are currently on the court roll, 29 cases are with the National Prosecution Authority (NPA) for the drafting of charge sheets and/or warrant of arrests, while 5 case dockets are being processed by the Hawks.”


TRAVEL


SA officially removed from UK’s travel red list. - 2021 Oct 11 SABCNews


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