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Under the powers vested in me by Sub-Article (5) of Article 26 of the Namibian Constitution, I, subsequent to having declared by Proclamation No. 7 of 18 March of 2020 that a State of Emergency exists in the whole of Namibia following a worldwide outbreak of the disease known as Coronavirus Disease 2019 (COVID-19), make the regulations set out in the Schedule.Given under my Hand and the Seal of the Republic of Namibia at Windhoek, this 22nd day of June, Two Thousand and Twenty.Hage G. GeingobPresidentBy order of the President
Stage 3: COVID-19 Regulations: Erongo Region
Proclamation 26 of 2020
Published in Government Gazette no. 7250 on 22 June 2020
Assented to on 22 June 2020
Commenced on 22 June 2020
[Up to date as at 6 November 2020]
In these regulations -"authorised officer" means -(a)the Director referred to in section 32 of the Disaster Risk Management Act, 2012 (Act No. 10 of 2012);(b)a member of the Namibian Police as defined in section 1 of the Police Act, 1990 (Act No. 19 of 1990);(c)a member of the municipal police service referred to in section 43C of the Police Act, 1990 (Act No. 19 of 1990);(d)a member of the Defence Force as defined in section 1 of the Defence Act, 2002 (Act No. 1 of 2002);(e)a correctional officer as defined in section 1 of the Correctional Service Act, 2012 (Act No. 9 of 2012);(f)an immigration officer as defined in section 1 of the Immigration Control Act, 1993 (Act No. 7 of 1993);(g)an officer as defined in section 1 of Customs and Excise Act, 1998 (Act No. 20 of 1998) charged with the responsibility of enforcing the customs and excise legislation; and(h)any other staff member designated or person appointed as an authorised officer under section 32 of the Disaster Risk Management Act, 2012 (Act No. 10 of 2012);"COVID-19" means the coronavirus disease of 2019 which is caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);"critical services" means the services listed as critical services in Annexure A;"Erongo region" means the Erongo region specified in Column 2 of Schedule 1 to the Regional Counicils Act, 1992 (Act No. 22 of 1992);"essential goods" means the goods listed as essential goods in Annexure B;"head of the institution" means the administrative head of a public institution and the chief executive officer or the equivalent of a chief executive officer of a private institution;"higher education institution" means a higher education institution as defined in section (1) of the Higher Education Act, 2003 (Act No. 26 of 2003);"liquor" means any spirits, wine, beer, cider or other beverage, including a traditional beverage, which contains alcohol and is intended for human consumption but excludes any substance that contains alcohol but used or is intended to be used for medicinal purposes;"mask" means a covering made of any suitable material that covers a person's nose and mouth worn for purposes of preventing the transmission of the coronavirus;"restricted area" means the local authority areas of Arandis, Swakopmund and Walvis Bay including the portion of the main tarred road, as well as the strips of land of five kilometers on either side of that road, that connects the local authority areas of Arandis and Swakopmund but which portion falls outside the two local authority areas;"school" means a school as defined in section 1 of the Education Act, 2001 (Act No. 16 of 2001);"specified period" means the period referred to in regulation 3 and indicating Stage 3 of the State of Emergency as determined by Cabinet;"these regulations" include directions and directives issued under regulations 12 and 13;"vehicle" means a motor vehicle, a locomotive, an aircraft or a vessel; and"vulnerable employee" means a pregnant employee, an employee who is a nursing mother, an employee with a pre-existing condition such as a heart disease, high blood pressure, respitory problems, obesity, diabetes, tuberculosis or a condition which might compromise the immune system of that employee.
2. Application of regulations
(1)These regulations apply to the Erongo region during the specified period.(2)If there is a conflict between the provisions of these regulations and any other law the provisions of these regulations prevail.
3. Specified period
The specified period starts at 00:00 on 23 June 2020 and ends at 24:00 on 6 July 2020.
4. Restrictions on learning in Erongo region
(1)During the specified period all schools, higher education institutions and other educational institutions in -(a)the restricted area remain closed;(b)any other part of the Erongo region, remain closed, except for schools and other institutions that provide secondary education at Grades 11 and 12 level, which may resume with normal classroom contact learning subject to compliance with subregulation (3).(2)The closure of schools, higher education institutions and other educational institutions under subregulation (1) does not prevent -(a)in the case of a state school, the relevant minister responsible for education; and(b)in any other case, the governing bodies of schools and institutions,from employing other alternative forms of learning that do not involve the physical presence of learners or students at the schools or institutions(3)Every head of a school, higher educational institution and other institution referred to in subregulation (1)(b) must ensure that all persons accessing the premises and services of the respective school, higher educational institution and other institution at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in and under these regulations.
5. Wearing of masks
(1)During the specified period every person must wear a mask whenever he or she is at or in a public place.(2)An authorised officer may instruct a person who is not wearing a mask as contemplated in subregulation (1) to wear a mask or to leave the public place.(3)A person who fails or refuses to comply with an instruction given under subregulation (2) commits an offence and on conviction is liable to a fine not exceeding N$2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(1)For the purpose of this regulation, "gathering", in relation to -(a)the restricted area, means a group of more than 10 persons; and(b)the rest of the Erongo region, means a group of more than 50 persons,who meet for a common purpose.(2)During the specified period, all gatherings are prohibited, except where -(a)all persons at the gathering are members of the same household gathered at their place of residence;(b)persons are gathered at their workplace;(c)the gathering is by a government institution at national, regional or local level or the Cabinet or the Parliament for purposes of its normal operations;(d)the gathering is for purposes of court or tribunal proceedings; or(e)a group of persons independently or coincidentally find themselves at a specific place.(3)Persons who gather in the circumstances permitted under subregulation (2) must at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in and under these regulations.(4)An authorised officer may instruct a gathering, other than a gathering permitted under subregulation (2), to disperse and may use all reasonable measures to cause a gathering or group to disperse.(5)The person organising or hosting a gathering permitted in terms of this regulation must -(a)open and maintain a register of the persons who attend the gathering; or(b)ensure that the register of the persons referred to in paragraph (a) is opened and maintained,for the purpose of recording the particulars of persons who attend the gathering.(6)The persons who are required to open and maintain a register in accordance with subregulation (5) must -(a)keep the register in a safe place for the duration of the State of Emergency;(b)on request, make the register available for inspection by an authorised officer; and(c)treat the information provided under this regulation as confidential, and may not disclose that information to any other person except as provided in paragraph (b) or when required to so disclose in terms of any law.(7)The register referred to in subregulation (6) must contain the following particulars in respect of each person who attended the gathering:(a)the full names of the person;(b)the identification number of the person;(c)the nationality and country of residence or origin of the person;(d)the physical address of the person;(e)the contact telephone or cell phone number of the person; and(f)the email address of the person.(8)A person who -(a)facilitates, instigates or organises a gathering;(b)fails or refuses to obey an instruction issued under subregulation (4); or(c)fails or refuses to comply with subregulation (5) or (6),commits an offence and is on conviction liable to a fine not exceeding N$2 000 or to imprisonment not exceeding six months or to both such fine and imprisonment.
7. Restrictions relating to liquor
(1)Despite any contrary condition applicable to any type of liquor licence issued under the Liquor Act, 1998 (Act No. 6 of 1998) (hereafter "the Liqour Act"), during the specified period -(a)the sale of liquor in terms of that licence and the purchase of liquor may only take place -(i)between the hours 12H00 and 18H00 on Mondays to Fridays;(ii)between the hours of 09H00 and 13H00 on Saturday; and(iii)if the liquor sold or purchased is not for consumption at the place of sale or purchase; and(b)a person may not purchase or sell liqour on a Sunday or public holiday.(2)Subsection (1) does not apply to the sale of liquor by the holder of a hotel liquor licence or a restaurant liquor licence issued under the Liquor Act, and the holder of such licence is permitted to sell liquor on an on-consumption basis and in accordance with the conditions of the respective licence.(3)A person who contravenes or fails to comply with a provision of subregulation (1) commits an offence and is on conviction liable to a fine not exceeding N$2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.(4)An authorised officer who is a peace officer within the meaning of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) may, without a warrant, seize any liquor that is suspected to have been sold or has been purchased in contravention of this regulation and the seized liquor must, subject to changes required in the context, be dealt with in accordance with the provisions of the Liquor Act as if it were liquor seized in terms of that Act.
8. Restrictions relating to certain businesses, operations and activities
(1)Subject to the provisions of regulation 7 and subregulation (3), all businesses, operations and activities, except those listed in subregulation (2), are permitted, during the specified period.(2)During the specified period, the following businesses, operations and activities are prohibited:(a)contact sports, which for purposes of this regulation refers to sports in which players may directly or indirectly have physical contact, such as rugby, boxing, football, martial arts, or wrestling;(b)casinos and gambling houses; and(c)nightclubs.(3)During the specified period, the following businesses, operations and activities are permitted subject to the condition that the people attending the event inclusive of the organisers do not exceed the applicable number of people stipulated for a gathering in regulation 6(1) and that the head of the institution or oganiser keeps and maintains a logbook that contains the name, identification and contact telephone or cell number of each client or customer that visits the business or attends the event:(a)sporting events, other than contact sports;(b)entertainment events and concerts; or(c)seminars, conferences, workshops and summits.(4)Every head of institution of any business, operation and activity which is permitted during the specified period must ensure that the persons accessing the premises and services of the business, operation and activity at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in and under these regulations.(5)A person who contravenes, or fails to comply with the requirements of, subregulation (2) or (3) commits an offence and is on conviction liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
9. Additional provisions relating to workplace
(1)Heads of institutions are encouraged to allow vulnerable employees to work from home, subject to suitable arrangements between the employer and employee.(2)Heads of institutions are encouraged to provide masks to their employees.(3)Heads of institutions must ensure that their employees at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in and under these regulations.
10. Restrictions relating to entry into and departure from Erongo region
(1)During the specified period, a person may not -(a)enter into the restricted area; or(b)depart from the restricted area to any other part of Namibia,unless that person is in possesion of a valid permit issued by an authorised officer under subregulation (3) and which permit the person must, on request by any authorised officer, produce to that authorsied officer.(2)Subregulation (1) may not be construed as preventing a person from movement within the restricted area as long as that person complies with the requirements of these regulations relating to the movement of persons and goods.(3)A person who wishes to enter into or depart from the restricted area, for purposes of-(a)receiving essential medical treatment or acquiring essential goods or critical services;(b)attending a funeral of an immediate family member or a dependant;(c)assisting a family member, an acquaintance, dependant who is ill or otherwise suffers from a distressing situation;(d)transporting essential goods;(e)performing an action necessary for the enforcement of law or public order;(f)facilitating the distribution of food or other necessities of life;(g)maintaining or repairing infrastructure necessary or useful for the provision of essential goods or critical services;(h)performing a critical service that cannot reasonably be postponed; or(i)performing any other function or doing any other thing which an authorised officer considers sufficient to warrant the entering into or departing from the resticcted area,may request for a permit from an authorised officer nearest to that person or at the point of entry into or exit from the restricted area, authorising entry into or departure from the area.(4)During the specified period, a person entering into or departing from the Erongo region must, at the point of entry or departure into the region, enter into a register kept by an authorised officer, particulars that are specified in that register.(5)A person who contravenes or fails to comply with subregulation (1) or refuses to enter particulars in the register as required under subregulation (4) commits an offence and is on conviction liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.(6)If an authorised officer finds a person under circumstances which create a reasonable suspicion that the person is likely to contravene subregulation (1) or (4), that authorised officer may instruct the person to stop the journey in question and failure to obey such an instruction is deemed to be a contravention of, or failure to comply with that subregulation, and that person is liable to the penalties provided for in subregulation (5).
(1)Despite the provisions of section 96 of the Public and Environmental Health Act, 2015 (Act No. 1 of 2015), the provisions of Part 3 of that Act are, for purposes of these regulations, brought into operation.(2)In order to attain the objectives of subregulation (1), any provision of the Public Health Act, 1919 (Act No. 36 of 1919) that is inconsistent with any provision of Part 3 of the Public and Environmental Health Act, 2015 (Act No. 1 of 2015) is suspended to the extent of the inconsistency during the period that this regulation is in force.(3)Despite the provisions of section 22(2) of the Public and Environmental Health Act, 2015 (Act No. 1 of 2015) the disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) is deemed to be a formidable epidemic disease and it is declared that the threatened outbreak of that disease necessitates the measures referred to in section 29(1) of that Act.
12. Judicial proceedings
(1)For the purpose of combating, preventing and suppressing the spread of COVID-19, the Chief Justice may issue directions in respect of all courts in the Erongo region.(2)Directions issued under subregulation (1) must be regarded, and have the effect, as directives issued under regulation 13.
(1)The President may authorise a minister to issue directives for the purpose of -(a)supplementing or amplifying on any provision of these regulations; or(b)ensuring that the objectives of these regulations are attained.(2)A directive issued under this regulation has the force of law and may deal with any matter that is within the ambit of any legislation or other law that is administered by the Minister concerned.(3)Any directive issued under this regulation must be -(a)referred to the Attorney-General for approval; and(b)published in the Gazette,for it to have the force of law.(4)A directive issued in terms of these regulations becomes effective on the date of its publication in the Gazette.(5)A directive may create offences for contraventions of, or failure to comply with, the directive and provide for penalties of a fine not exceeding N$2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
14. Offences and penalties
(1)A person commits an offence if that person -(a)not being an authorised officer, by words, conduct or demeanour falsely represents himself or herself to be an authorised officer;(b)hinders, obstructs or improperly attempts to influence an authorised officer when exercising or performing a power or function conferred or imposed by or under these regulations or another law;(c)furnishes or gives false or misleading information to an authorised officer; or(d)does anything calculated to improperly influence an authorised officer concerning a matter connected with the functions of the authorised officer.(2)A person commits an offence if that person, through any form of media, including social media, knowingly or without having taken reasonable steps to ascertain the correctness of any information -(a)publishes any false or misleading statement about the COVID-19 status of any person; or(b)publishes any false or misleading statement, in connection with measures to combat, prevent and suppress COVID-19 as specified in and under these regulations.(3)A person convicted of an offence in terms of subregulation (1) or (2) is liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
15. Savings and transitional provisions
(1)Anything done under the provisions of the State of Emergency Regulations published under Proclamation No. 9 of 28 March 2020 or the Stage 1: State of Emergency - Covid-19 Regulations: Erongo Region published under Proclamation No. 24 of 8 June 2020 must be regarded as having been done under a corresponding provision of these regulations.(2)A -(a)direction that was issued under regulation 13 or a directive that was issued under regulation 14 of the State of Emergency Regulations published under Proclamation No. 9 of 28 March 2020 -(i)must be regarded as having been issued under regulation 12 or 13 of these regulations; and(ii)continues to apply to the Erongo region for the specified period unless repealed or amended by the Chief Justice or the relevant minister.(b)reference, in a direction or a directive referred to in paragraph (a), to a "period of lockdown" is on the commencement of these regulations regarded to be a reference to the "specified period".
16. Applicability of certain provisions of State of Emergency-COVID-19 Regulations
Nothing in these regulations or any other law may be construed as excluding or limiting the application of the provisions of regulations 10, 11 and 12 of the State of Emergency-COVID Regulations published under Proclamation No. 17 of 4 May 2020 in the Erongo region, and the provisions of those regulations will continue to apply in that region during the specified period despite that those regulations are repealed by another law.
17. Regulations to bind State
These regulations bind the State.