Lockdown level 3: Recent events aside, you still need these permits

Even though South Africa’s lockdown regulations have been declared unconstitutional and invalid, the fact that it will apply until mid-June means that South Africans who want to cross district, metropolitan or provincial boundaries need permits to do so.

It has been more than 85 days since President Cyril Ramaphosa announced a state of disaster in response to the outbreak of Covid-19 in South Africa.

Six days later, a nationwide lockdown was implemented. Strict regulations were classified as ‘level 5 lockdown regulations’ followed by rules under levels four and three.

On June 2, the Pretoria High Court declared level 4 and level 3 regulations unconstitutional and invalid.

Read: Judgment on lockdown regulations supports SA workers, but has legal experts wondering

In terms of the judgment, residents are still required to adhere to the level 3 regulations until the Department of Cooperative Governance and Traditional Affairs (Cogta) has updated them, rendering them constitutionally justifiable. Cogta has until June 16 to get it done or to ask for an extension.

Cabinet has since indicated that it will appeal the court’s finding, something legal experts believe will likely be successful. No appeal documents had been filed at the time of publication.

These events have caused confusion among South Africans and some are unsure whether they still need permits.

Caxton Local Media summarises the rules on movement and permits under lockdown level 3. All forms and permits appear in image form at the bottom of this feature for readers to download and use.

 General

As with all previous versions, current lockdown regulations require social distancing, sanitising and staying home, leaving only for necessities and work.

South Africans travelling for authorised purposes and who do not cross district, provincial or metropolitan boundaries, do not need permits

Anyone can leave home to go to work, perform permitted services, buy necessities or move children as the regulations allow. South Africans may exercise (while adhering to social distancing and other basic requirements) between 06:00 and 18:00.

You can go to a place of worship as long as it is in the same province and district or metropolitan area as you are.

Some areas remain prohibited.

Work:

With the exception of participating in the economic activities listed below, South Africans have gone back to work. In order to travel across metropolitan, district or provincial boundaries, a Form 2 permit will be necessary.

There are some economic activities we may not participate in.

• Eating out;
• ‘Drinking out’;
• Accommodation for leisure purposes;
• Domestic air travel for vacation, fun or leisure;
• Cruise ships for leisure purposes;
• Conferences, events, sporting events. Click here for exceptions.
• Personal care services – hairdressing, beauty treatments, make-up, nails, salons, piercing, tattoo parlours.
• The education sector is subject to phased reopening.
• Casinos and entertainment activities remain prohibited, except for those that have now been allowed. Examples are fishing, hunting to feed your household, self-drive excursions to parks and reserves.

School:

Learners and students may resume their studies in accordance with a phased-in approach. Those who cross district, metropolitan or provincial boundaries to get to school and back, and those who transport them, will need permits that resemble Form 3A and Form 3B, respectively.

I need to cross district, metropolitan or provincial boundaries to help a family member in need, or for any other legitimate reason. May I?

You will have to fill out the affidavit provided in Form 6 and have it commissioned at a police station or court. This form also caters for those who need to move between provinces. Travels for medical visits are also catered for with this form.

Does Form 6 not replace all other forms?

Although many South Africans have asked this question based on the vast application form of Form 6, no such announcement has been made. Readers who are unsure should contact their local police station or magistrate’s office.

Funerals

If you need to go to a funeral, you must have a permit as per Form 4 of the regulations. When applying for a permit at the police or court, you will be asked for a copy of the deceased’s death certificate. If you do not have that, fill out the affidavit in Form 5.

Leaving the country

Only those authorised by the minister of home affairs may leave the country.

Movement of children

As the regulations do not address the movement of children comprehensively, those who are not clear on whether a prospective movement is allowed should consult their local police station or magistrate’s office to enquire, for example, whether a Form 6 permit could legitimise the prospective movement of a child.

Recreational visits to friends and family and vacations are not allowed. Accordingly, children should not be transported by adults that are not their parents or legal guardians, except when permitted in terms of the lockdown regulations.

Parents who need to take their children along when obtaining essential goods and services, or who need to obtain essential services for their child, should be able to do so.

Eating out, sleeping out for fun and sporting events remain prohibited.

If the parents of a child live in different homes, and the child needs to move between those homes, the parent or holder of rights and responsibilities will need either a court order, a parenting plan setting out the details or a permit issued by a magistrate – see page 30 of the latest regulations for the relevant permit form.