Stage 4: COVID-19 Regulations

Proclamation 33 of 2020

Repealed
This Proclamation was repealed on 2020-08-13 by Stage 3: COVID-19 Regulations.
This is the version of this Proclamation as it was when it was repealed.
Citation
Proclamation 33 of 2020
Primary work
Namibian Constitution
Date
Language
English
Type
Proclamation
Publication
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Related documents
Coat of Arms
Namibian Constitution

Stage 4: COVID-19 Regulations

Proclamation 33 of 2020

  1. [Amended by Stage 4: COVID-19 Regulations: Amendment (Proclamation 40 of 2020) on 24 July 2020]
  2. [Amended by Stage 4: COVID-19 Regulations: Amendment (Proclamation 44 of 2020) on 3 August 2020]
  3. [Repealed by Stage 3: COVID-19 Regulations (Proclamation 46 of 2020) on 13 August 2020]
Under the powers vested in me by Sub-Article (5) of Article 26 of the Namibian Constitution, I -(a) 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; and(b) repeal the Stage 4: State of Emergency - Covid-19 Regulations published under Proclamation No. 28 of 28 June 2020.Given under my Hand and the Seal of the Republic of Namibia at Windhoek, this 14th day of July, Two Thousand and Twenty.Hage G. GeingobPresidentBy order of the President

1. Definitions

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;(g)an officer as defined in section 1 of Customs and Excise Act, 1998 (Act No. 20 of 1998) charged with the responsibility ofenforcing 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);"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;"health regulations" means the health regulations published under Sub-Article (5) of Article 26 of the Namibian Constitution;"higher education institution" means an institution that provides learning programmes leading to qualifications higher than grade 12 or its equivalent;"Immigration Control Act" means the Immigration Control Act, 1993 (Act No. 7 of 1993);"liquor" means any spirits, wine, beer, cider or other beverage, including a traditional beverage which contains alcohol, and intended for human consumption but excludes any substance that contains alcohol but used or is intended to be used for medicinal purposes;"Liquor Act" means the Liquor Act, 1998 (Act No. 6 of 1998);"mask" means a covering made of any suitable material that is worn on and around a person's nose and mouth so as to fully cover that person's nose and mouth for purposes of preventing the transmission of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);"Public and Environmental Health Act" means the Public and Environmental Health Act, 2015 (Act No. 1 of 2015);"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 4 of the State of Emergency as determined by Cabinet;"vehicle" means a motor vehicle, a locomotive, an aircraft or a vessel; and"vulnerable employee" means an employee who is pregnant, an employee who is a nursing mother, an employee with a pre-existing condition such as a heart disease, high blood pressure, respiratory problems, obesity, diabetes, tuberculosis or a condition which might compromise the immune system of the employee.

2. Application of regulations

(1)These regulations apply to the whole of Namibia during the specified period but they do not apply to the Erongo Region for the duration of the specified period referred to in regulation 3 of the Stage 3: State of Emergency - Covid-19 Regulations: Erongo Region published under Proclamation No. 39 of 22 July 2020.
(2)Despite subregulation (1), regulations 10, 11 and 12 apply to the Erongo Region for the duration of the specified period referred to in regulation 3 of the Stage 3: State of Emergency - Covid-19 Regulations: Erongo Region published under Proclamation No. 39 of 22 July 2020.
(3)On the expiry of the specified period referred to in regulation 3 of the Stage 3: State of Emergency - Covid-19 Regulations: Erongo Region published under Proclamation No. 39 of 22 July 2020, these regulations will apply to the Erongo Region unless the President under Sub-Article (5) of Article 26 of the Namibian Constitution determines otherwise.
(4)If there is a conflict between the provisions of these regulations and any other law the provisions of these regulations prevail.[regulation 2 substituted by section 2 of Proclamation 40 of 2020]

3. Specified period

The specified period is from the date of commencement of these regulations and ends at 24:00 on 17 September 2020.

4. Restrictions relating to schools, higher education institutions and other educational institutions

(1)As from the date of commencement of these regulations -
(a)schools and other educational institutions providing early childhood development learning and pre-primary learning must remain closed until 31 August 2020;
(b)schools and other educational institutions providing primary education from the level of the first grade to the level of the seventh grade and secondary education at the level of the eigth grade and the ninth grade must remain closed until 31 August 2020;
(c)schools and other educational institutions providing secondary education from the level of the tenth grade, eleventh grade and the twelfth grade may continue face to face learning; and
(d)higher education institutions may continue face to face learning.
(2)The closure of schools, higher education institutions and other educational institutions contemplated in 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 body of the school or institution in question,
from employing other alternative forms of learning that do not involve the physical presence of learners or students at the schools or institutions.
(3)Heads of schools, higher education institutions and other educational institutions which may resume face to face learning must ensure that the persons accessing their premises at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in these regulations, the health regulations and other applicable regulations or directives.[regulation 4 substituted by section 2 of Proclamation 44 of 2020]

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)During the specified period, wearing of a see-through face shield is permitted, provided that a mask is worn together with the face shield.
(3)An authorised officer may instruct a person who is not wearing a mask as contemplated in subregulation (1) or (2) to wear a mask or to leave the public place.
(4)A person who fails or refuses to comply with an instruction given under subregulation (2) 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.

6. Gatherings

(1)Persons are permitted to gather for a common purpose provided that their number does not exceed 100 persons and provided that they comply with the provisions of these regulations, the health regulations and other applicable regulations or directives.
(2)Persons are prohibited from gathering for a common purpose if their number exceeds 100 persons, but this prohibition does not apply where -
(a)persons are gathered at their workplace;
(b)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;
(c)the gathering is for purposes of court or tribunal proceedings; or
(d)a group of persons independently or coincidentally find themselves at a specific place.
(3)Persons who gather in the circumstances referred to in subregulation (1) and (2) must at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in these regulations, the health regulations and other applicable regulations or directives.
(4)An authorised officer may instruct a gathering, other than a gathering referred to in subregulation (1) and paragraphs (a), (b), (c) and (d) of subregulation 2, to disperse and may use all reasonable measures to cause the gathering to disperse.
(5)The person organising or hosting a gathering referred to in subregulation (1) or the head of the institution in respect of a gathering specified in paragraph (a), (b) or (c) of subregulation (2) 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 person who is 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 or by a court.
(7)The register referred to in subregulation (6) must contain the full name, identification number or passport number and telephone number or cellular phone number of each person who attended the gathering.
(8)A person who -
(a)facilitates, instigates or organises a gathering;
(b)fails or refuses to obey an instruction issued under subregulation (4);
(c)fails or refuses to comply with subregulation (5) or (6); or
(d)intentionally provides false information or refuses to provide the information required under this regulation,
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.[regulation 6 substituted by section 3 of Proclamation 44 of 2020]

7. Restrictions relating to liquor

(1)For the purposes of this regulation, a term defined in the Liquor Act, 1998 (Act No. 6 of 1998), except for the word “liquor”, bears that meaning.
(2)A person may only sell liquor and a person may only purchase liquor if -
(a)the person who sells the liquor holds a liquor licence authorising the sale of liquor, and the sale of liquor is in accordance with that licence; and
(b)the sale and purchase of liquor is in accordance with subregulation (3) or (4).
(3)During the specified period and despite any contrary condition applicable to any type of liquor licence issued under the Liquor Act, 1998 (Act No. 6 of 1998), the sale of liquor in terms of a liquor licence and the purchase of liquor may -
(a)only take place between 09:00 and 18:00 on a week day;
(b)only take place between 09:00 and 13:00 on a Saturday;
(c)not take place on a Sunday and on a public holiday; and
(d)only take place if the liquor is sold or purchased on an off-sales basis.
(4)Except that subregulation (3)(c) applies to paragraph (b), the provisions of subregulation (3) do not apply to -
(a)a hotel, restaurant or similar business that lawfully sells food that is intended to be consumed on the premises of the seller and the liquor is sold, for onconsumption, in relation to a meal sold to be consumed on the premises; or
(b)a night club, casino and gambling house selling liquor for on-consumption, provided that liquor may only be sold between 12:00 and 22:00.
(5)A person who contravenes or fails to comply with subregulation (2), (3) or (4) 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.
(6)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, 1998 (Act No. 6 of 1998) as if it were liquor seized in terms of that Act.[regulation 7 substituted by section 3 of Proclamation 40 of 2020]

8. Restrictions relating to certain businesses, operations and activities

(1)Subject to the provisions of these regulations, all businesses operations and activities are permitted during the specified period.
(1A)For the purpose of subregulation (1B) contact sports refers to sports in which players may directly or indirectly have physical contact, such as rugby, boxing, football, martial arts or wrestling.[subregulation (1A) added by section 4(a) of Proclamation 44 of 2020]
(1B)Contact sports are permitted on the condition that no spectators are allowed at the contact sporting events.[subregulation (1B) added by section 4(a) of Proclamation 44 of 2020]
(2)The heads of the institutions of businesses, operations and activities must -
(a)open and maintain a register of the persons who access their premises or attend the activities; 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 access their premises or attend the activities.
(3)The heads of the institutions of businesses, operations and activities 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 or by a court.
(4)The register referred to in subregulation (2) must containthe full name, identification number or passport number and telephone number or cellular phone number of each person accessing the premises of the businesses, operations and activities and the number of people inclusive of the organisers or its staff members may not exceed 250 people at a time.
(5)The heads of the institution of businesses, operations and activities must ensure that the persons accessing their premises at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in these regulations, the health regulations and other applicable regulations or directives.
(6)A person who contravenes or fails to comply with the provisions of subregulation (1B), (2), (3), (4) or (5) 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.[subregulation (6) substituted by section 4(b) of Proclamation 44 of 2020]

9. Additional provisions relating to workplace

(1)Heads of the institutions are encouraged to allow vulnerable employees to work from home, subject to suitable arrangements between the employer and employee.
(2)Heads of the institutions are encouraged to provide masks to their employees.
(3)Heads of the 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 these regulations, the health regulations and other applicable regulations or directives.

10. Prohibition relating to entry into Namibia

(1)Subject to the other provisions of these regulations, every person who -
(a)is not a Namibian citizen;
(b)does not hold a permanent residence permit for Namibia;
(c)is not domiciled in Namibia or otherwise lawfully resident in Namibia;
(d)is not part of a team of medical personnel that is required to provide medical services in Namibia to alleviate the COVID-19 pandemic;
(e)is not a member of the diplomatic or consular staff of a country that is accredited to Namibia or in transit to another country; or
(f)is not a spouse or child of a person referred to in paragraphs (a) to (e),
must, during the specified period, be refused entry into Namibia under section 10 of the Immigration Control Act.
(2)Persons permitted to enter Namibia must, two weeks before entering Namibia, in writing inform the relevant Namibian diplomatic representative in the country of intended departure of the intention to enter Namibia.
(3)Despite subregulation (1), a person who -
(a)is not a Namibian citizen;
(b)does not hold a permanent residence permit for Namibia; or
(c)is not domiciled in Namibia or otherwise lawfully resident in Namibia;
may, for the purpose of undertaking tourism activities in Namibia, subject to the Immigration Control Act and subregulation (4), enter Namibia during the period starting on 15 July 2020 and ending on 15 August 2020.
(4)Persons permitted to enter Namibia under subregulation (3) may not enter Namibia unless such persons on entering Namibia present to an authorised officer a negative SARS-COV-2 PCR test result not older than 72 hours at the time of entering Namibia, provided that the laboratory that issued the test result is certified to issue SARS-COV-2 PCR test results.
(5)Subject to the Immigration Control Act, a person who -
(a)is a driver of a motor vehicle, an operator of a locomotive, a pilot in command of an aircraft or a captain or master of a shipping vessel transporting goods;
(b)performs any service relating to the operation of the vehicle referred to in paragraph (a); or
(c)performs a necessary service relating to the transportation of goods referred to in paragraph (a),
in the course of business or trade or commerce may be allowed to enter Namibia if such entry is otherwise lawful.
(6)Despite the provisions of subregulation (1), a person referred to in that subregulation may be allowed to enter Namibia if that person complies with or meets such requirements as may be determined by the Minister responsible for immigration issued pursuant to the Immigration Control Act.
(7)A person who contravenes or fails to comply with subregulation (1), (4) or (5) 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.

11. Quarantine and COVID-19 testing

(1)Any person who enters Namibia as contemplated in regulation 10 is subject to quarantine requirements as set out in these regulations and the health regulations.
(2)All persons permitted to enter Namibia in terms of regulation 10 must on entering Namibia be tested for COVID-19 during the period of quarantine.
(3)Except where subregulations (4) and (5) apply, all persons entering Namibia during the specified period are subject to mandatory quarantine at own cost.
(4)The following categories of Namibian citizens may be quarantined at the cost of the State:
(a)students enrolled for and undertaking a course of study at a school or an educational institution in Namibia or in a foreign country;
(b)State patients;
(c)health professionals;
(d)persons entering Namibia on humanitarian grounds;
(e)persons entering Namibia on official government business; or
(f)such persons as may be specified in the regulations issued under Sub-Article (5) of Article 26 of the Namibian Constitution.
(5)Namibian citizens who are unable to pay for the cost of quarantine as required by these regulations may request, in the form and manner determined underthe regulations issued under Sub-Article (5) of Article 26 of the Namibian Constitution, that the State cover the cost of their quarantine.
(6)Namibian citizens who leave Namibia for private business during the specified period are, on entering Namibia during that period, subject to mandatory quarantine at own cost.
(7)A person who unreasonably refuses to be quarantined or tested as specified in subregulation (1) or (2) 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.

12. Restrictions relating to transportation of goods and persons

(1)For the purposes of this regulation -“vehicle” means a vehicle as defined in section 1 of the Road and Transport Act, 1999 (Act No. 22 of 1999) and includes a locomotive that is used for the transportation of passengers or goods by railway; and“motor vehicle” means a motor vehicle as defined in section 1 of the Road and Transport Act, 1999 (Act No. 22 of 1999).
(2)A person who transports goods on a vehicle may not carry a passenger on the vehicle unless the person carried in or on the vehicle is necessary for the operation of the vehicle during the course of business or trade or commerce of the person.
(3)A person who conveys persons, whether for reward or for any other purpose, by means of a public or private motor vehicle, an animal-drawn vehicle or a pedal cycle may not transport -
(a)more than three persons, including the driver, in a four-seater motor vehicle;
(b)more than four persons, including the driver, in a five-seater motor vehicle;
(c)more than four persons, including the driver, in a seven-seater motor vehicle;
(d)a number of persons, including the driver which exceeds half of the number of passengers allowed to be transported in a motor vehicle not otherwise provided for in this regulation;
(e)more than two persons, including the driver, in an animal-drawn vehicle; and
(f)any person other than the driver on a motorcycle, motor tricycle or pedal cycle.
(4)The -
(a)manner in which children are to be counted for purposes of subregulation (3) is as provided for in regulation 250 of the Road Traffic and Transport Regulations, published under Government Notice No. 53 of 30 March 2001; and
(b)number of seats of a motor vehicle is for the purposes of subregulation (3) determined in accordance with regulation 252 of the Road Traffic and Transport Regulations, published under Government Notice No. 53 of 30 March 2001.
(5)Every owner or operator of a vehicle used for the purposes of conveying persons or goods for reward must -
(a)ensure that the driver of a public vehicle carrying passengers in terms of an authorisation granted in terms of any law wears a mask and the driver must ensure that all passengers wear masks at all times;
(b)provide alcohol-based hand sanitisers for use in the vehicle; and
(c)regularly disinfect or cause the regular disinfection of the vehicle used for the purposes of conveying persons or goods, and before and after each conveyance.
(6)A person who contravenes or fails to comply with subregulation (2), (3) or (5) 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.[regulation 12 substituted by section 4 of Proclamation 40 of 2020]

13. Applicability of Act No. 1 of 2015

(1)Despite the provisions of section 96 of the Public and Environmental Health Act, 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 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, the disease caused by 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.

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 apower or function conferred or imposed by or underthese 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 in these regulations, the health regulations and other applicable regulations or directives.
(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. Regulations to bind State

These regulations bind the State.
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History of this document

13 August 2020
03 August 2020 this version
24 July 2020
Read this version
14 July 2020
Assented to
Commenced
Read this version

Cited documents 11

Act 11
1. Criminal Procedure Act, 1977 1925 citations
2. Road Traffic and Transport Act, 1999 314 citations
3. Immigration Control Act, 1993 244 citations
4. Police Act, 1990 238 citations
5. Customs and Excise Act, 1998 144 citations
6. Correctional Service Act, 2012 115 citations
7. Liquor Act, 1998 103 citations
8. Public and Environmental Health Act, 2015 62 citations
9. Education Act, 2001 53 citations
10. Defence Act, 2002 45 citations

Documents citing this one 0