Rage organisers could face criminal charges for super-spreader party

A public health attorney says organisers of super-spreader events could face both civil and criminal liability, since it is their duty to ensure Covid-19 and other Disaster Management Act protocols are adhered to.


Organisers of music events and festivals such as the Rage Festival could be criminally charged and possibly sued, for not enforcing Covid-19 regulations should attendees be able to prove they contracted the virus at their events. The recent matric Rage Festival in Ballito was flagged as a super-spreader event by Health Minister Zweli Mkhize at the weekend, who urged attendees to quarantine for ten days due to some testing positive for Covid-19. According to a health practitioner in Hillcrest, there was an influx of teenagers requiring Covid-19 testing over a 48-hour period last week, with 95% testing positive and almost…

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Organisers of music events and festivals such as the Rage Festival could be criminally charged and possibly sued, for not enforcing Covid-19 regulations should attendees be able to prove they contracted the virus at their events.

The recent matric Rage Festival in Ballito was flagged as a super-spreader event by Health Minister Zweli Mkhize at the weekend, who urged attendees to quarantine for ten days due to some testing positive for Covid-19.

According to a health practitioner in Hillcrest, there was an influx of teenagers requiring Covid-19 testing over a 48-hour period last week, with 95% testing positive and almost all being asymptomatic.

“This has been largely due to them attending the annual matric Rage event over the last week and having multiple friends who tested positive for Covid-19,” said Dr Kams Govender.

These events and similar music concert events were dangerous as they could quickly multiply infections, said epidemiologist Professor Jo Barnes.

“Let’s say there were 20 kids [who were infected] and 1 000 people were in the audience and 200 got it – that 200 would take it to 200 different homes and spread it to three or more people. That is where the ‘super’ in ‘super spreader’ comes in. It multiplies so fast,” Barnes said.

“Where there are Rage festivals and places where there are music concert events of that sort, the music is loud and people shout and can’t hear one another and there are droplets flying around, and they are also packed close together.”

The Rage festival organisers said in a statement that regulations and protocols were put in place, including daily pre-screening, daily temperature checks, and a no-touch policy on arrival and at bars, with a Covid-19 compliance officer at all events.

Video footage, however, showed otherwise. In videos shared on Instagram by some teens, the event looked like a pre-pandemic party with flowing drinks, performances, dancing, and singing, while there were few signs of social distancing.

Read More: WATCH: How the matric rage parties turned into super spreader events

And according to an expert, organisers of such events could be held liable for not complying with Covid-19 regulations as provided for in the Disaster Management Act, which provides for a maximum six months imprisonment or a fine.

Those who contracted the virus due to the organisers not enforcing the rules could also sue them, said public health lawyer Safura Abdool-Karim.

“There is a criminal penalty and arguably a civil penalty. There could be a civil claim if the organisers are not complying with regulations and result in civil liability. These can be instituted by people who are infected but also parents of attendees or dependents. That is something which can unfold and it’s an option to pursue.”

“Screening for fevers and for symptoms does very little as most spreads are asymptomatic… Those who attend these things have no ability to monitor and regulate the capacity and it’s on the organiser.”

Asked whether the health department would take any action on the organisers, spokesperson Popo Maja said they were weighing their options.

“So far, we have received positive co-operation from the organisers,” he said.

rorisangk@citizen.co.za

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