Knowingly exposing someone to Covid-19 could mean life imprisonment 

What accountability do Covid-19 patients have if they refuse testing or self-isolation?

This is one of many questions plaguing South African citizens, brought on by the deployment of the South African National Defence Force (SANDF) on Monday, after President Cyril Ramaphosa announced a 21-day lockdown would begin on Thursday.

Attorney and legal adviser at CPT Limited Helene Eloff told Centurion Rekord that if a person knowingly exposed another person to Covid-19, that person may be prosecuted for assault, attempted murder or murder.

“Effectively, this means that a person who is aware that he or she tested positive for Covid-19 must ensure that they do not infect others. Failure to do so could result in lifelong imprisonment – a sentence regularly imposed on murderers,” she said.

This is according to a Government Gazette notice issued on 18 March. It listed regulations that bind all persons in South Africa in terms of the Disaster Management Act.

Whether police would continue with regular policing during the lockdown was another question asked by Centurion Rekord, and no definitive answer available as yet.

Wierdabrug, Lyttelton and Olievenhoutbosch police referred Centurion Rekord’s media enquiries to Colonel Noxolo Kweza, who said she was not obligated to comment on Covid-19-related issues.

At the time of going to print, Brigadier Vish Naidoo could not be reached for comment to shed light on whether the police would still be able to fulfil their roles now that the army was deployed.

The Government Gazette authorises “enforcement officers”, such as members of the police and the SANDF to arrest and detain those who do not adhere to these regulations:

– No gatherings of more than 100 persons or more,

– Where alcohol is consumed, no more than 50 persons may attend such a gathering,

– Premises hosting gatherings must be large enough to ensure 1m of floor space per person.

An “enforcement officer” is defined in the regulations as “a member of the SAPS, the SANDF and a peace officer as defined in section 1 of the Criminal Procedure Act (CPA).”

The CPA also includes “any magistrate, justice, police official, correctional official… ” in the definition of peace officer.

Section 334 (1) states that the minister of justice may declare persons peace officers by virtue of their professions.

Here are some safety tips to follow during the lockdown:

– Ensure your security alarm system is in good working order.

– Follow reliable news sites to keep up to date with all government announcements.

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