On June 17, 2020 South African President Cyril Ramaphosa announced government’s intention to further ease the lockdown restrictions imposed due to COVID-19, allowing more industries to re-open fully under stringent health and safety protocols. This announcement comes two weeks after the government de-escalated the country from Alert Level 4 to Alert Level 3 pursuant to the Risk Adjustment Strategy on June 1, 2020. The de-escalation of the Alert levels is partly in response to the negative impact that the prolonged National State of Disaster—announced on March 11, 2020, has had on the economy, as well as on individual livelihoods.

Following discussions with industry representatives, the COVID-19 National Command Council (“NCC”), Cabinet and Premiers, the following will now be permitted:

  • Sit-down meals in restaurants;
  • Accredited and licensed accommodations, (but still no home sharing such as AirBnB);
  • Conferences and meetings for business purposes in line with restrictions on public gatherings;
  • Cinemas and theatres, to be aligned to limitations on gathering of persons;
  • Casinos;
  • Personal care services, including hairdressers and beauty services;
  • Non-contact sports such as golf, tennis, cricket and others. Contact sports will be allowed only for training and modified activities with restricted use of facilities.

The government will in due course issue details regarding such measures, including the date from which these industries will be permitted to reopen.

President Ramaphosa further announced a breakthrough in the treatment of COVID-19, led by the University of Oxford in the United Kingdom. The study found that the drug dexamethasone, has been shown to reduce deaths among patients on ventilation by one-third. Therefore, South Africa’s Department of Health and the Ministry Advisory Committee have since recommended the use of dexamethasone for patients diagnosed with COVID-19.

As Chair of the African Union, President Ramaphosa highlighted South Africa’s involvement in forging a common approach across the continent to ensure, among other things, the effective mobilization of resources and the implementation of associated strategies. These include the ground-breaking Africa Medical Suppliers Portal: a single continental marketplace where African countries can access critical medical supplies (including test kits), from suppliers and manufacturers in Africa and across the world, in the necessary quantities, and at competitive prices.

Over the next few days, we anticipate that government will announce further details on the dates on which the easing of further restrictions will take effect, including the necessary regulations and/or amendments to existing regulations, to give effect to and provide directives to affected sectors.

The NCC will continue to make determinations on the applicable Alert Level based on an assessment of the infection rate and the capacity of our healthcare system to provide care to infected patients.

For further information, please reach out to Covington’s COVID-19 Task Force at COVID19@cov.com, Mosa Mkhize at mmkhize@cov.com, or Shivani Naidoo at snaidoo@cov.com.

Photo of Mosa Mkhize Mosa Mkhize

Mosa Mkhize is a policy advisor in the firm’s Africa Practice Group through which she provides strategic policy and regulatory advice to clients doing business with and across Africa.

Ms. Mkhize, a non-lawyer, has over a decade of experience in international trade and…

Mosa Mkhize is a policy advisor in the firm’s Africa Practice Group through which she provides strategic policy and regulatory advice to clients doing business with and across Africa.

Ms. Mkhize, a non-lawyer, has over a decade of experience in international trade and public policy. During this time, she has supported senior policymakers and private sector companies on a broad range of issues including policymaking and development, negotiating complex international trade deals, and advocating for policies and regulations related to science and technology. In addition to this, Ms. Mkhize’s capabilities include building strategic relationships and coalitions in support of smart technologies. Furthermore, she is currently working with government officials, private corporations, academia, and the general public on facilitating policies in the smart technology space.

Shivani Naidoo

Shivani is a South African qualified lawyer and associate in the firm’s Africa Practice Group. She advises on a broad range of general transactional matters including corporate governance, JSE listing requirements, and intellectual property. She has particular expertise in drafting and negotiating agreements…

Shivani is a South African qualified lawyer and associate in the firm’s Africa Practice Group. She advises on a broad range of general transactional matters including corporate governance, JSE listing requirements, and intellectual property. She has particular expertise in drafting and negotiating agreements in relation to acquisitions, joint ventures, trade agreements, licensing, franchising, supply chain, agency, distribution and logistics, outsourcing, broadcasting and licensing, privacy and data protection, and performer contracts. Her experience also includes conducting due diligence investigations related to corporate transactions.

Shivani has assisted both local and foreign clients in establishing companies in South Africa, as well as advising on various regulatory matters such as the South African Companies Act and the Broad-Based Black Economic Empowerment Act (“B-BBEE”). She has strong capabilities in structuring B-BBEE transactions, as well as drafting and negotiating related commercial documents in relation to share subscriptions, business and asset allocation, board and shareholder resolutions, trust deeds, memoranda of incorporation, waiver letters, empowerment transactions, assignment agreements, and TRP applications.

Shivani gained extensive experience and a working knowledge of the telecommunications industry while on secondment to Liquid Telecommunications South Africa Proprietary Limited. Her experience includes, among other capabilities, advising on general commercial matters pertaining to the business, drafting and negotiating various tender proposals, dark fiber asset sale agreements, and fiber maintenance agreements.