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REGULATIONS FOR WALVIS BAY LOCAL AUTHORITY AREA

REGULATIONS FOR WALVIS BAY LOCAL AUTHORITY AREA

UNDER the State of Emergency Walvis Bay has reverted back to Stage 1 of the lockdown for at least a week and residents have been requested to stay at home for the duration.

 

The first assessment of the new measures will take place before the 4th of June when the lockdown might be lifted.

 

The regulations for Walvis Bay are set out in Proclamation 20 of 29 May 2020 as published in the Government Gazette.

 

Definitions

1. 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; “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);

 

“Immigration Control Act” means the Immigration Control Act, 1993 (Act No. 7 of 1993);

 

“institution” means a public or private institution that is engaged in the provision, distribution, supply or sale of essential goods or critical services;

 

“liquor” means any spirits, wine, beer, cider or other beverage, which contains alcohol by weight or volume, intended for human consumption but excludes any substance that contains alcohol but used or is intended to be used for medicinal purposes;

 

“lockdown” means the prohibition or restriction on the movement of persons or goods or services or on the conducting of certain social, economic or other activities during the period of lockdown;

 

“period of lockdown” means the period referred to in regulation 3;

 

“restricted area” means the area referred to in regulation 4;

 

“school” means a school as defined in section 1 of the Education Act, 2001 (Act No. 16 of 2001); and

 

“vehicle” means any motor vehicle, a locomotive, an aircraft or a vessel.

 

Application of regulations

2. (1) The provisions of these regulations apply to the restricted area during the period of lockdown.

(2) If there is a conflict between the provisions of these regulations and any other law the provisions of these regulations prevail.

 

Period of lockdown

3. The period of lockdown starts from the date of publication of this Proclamation and ends at 23:59 on 4 June 2020.

 

Restricted area

4. The local authority area of Walvis Bay is a restricted area.

 

Closure of schools and higher education institutions

5. All schools and higher education institutions must remain closed during the period of lockdown, but the closure of schools and higher education institutions 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.

 

Gatherings

6. (1) For the purpose of this regulation, “gathering” means a group of more than 10 persons who meet for a common purpose.

(2) During the period of lockdown, 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 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 referred to in 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 or a group of more than 10 persons, other than a gathering referred to in subregulation (2), to disperse and may use all reasonable measures to cause a gathering or group to disperse.

(5) A person who facilitates, instigates or organises a gathering 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) A person who fails or refuses to obey an instruction issued under subregulation (4) commits an offence and is on conviction liable to the penalties provided for in subregulation (5).

 

Prohibition on movement of persons and goods

7. (1) During the period of lockdown, a person may not enter into or depart from the restricted area, except that this provision 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.

(2) A person who contravenes or fails to comply with subregulation (1) 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.

(3) If an authorised officer finds a person under circumstances which create a reasonable suspicion that the person is likely to contravene subregulation (1), 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 (2).

(4) A person –

(a) who holds a permit referred to in subregulation (5) does not contravene subregulation (1) if he or she enters into or departs from the restricted area as contemplated in that subregulation; and

(b) referred to in subregulation (6) does not contravene subregulation (1) if he or she enters into or departs from the restricted area as contemplated in that subregulation.

(5) If a person wishes to enter into or depart from the restricted area, for:

(a) purposes of receiving essential medical treatment;

(b) purposes of attending a funeral of a family member, an acquaintance or a dependant;

(c) purposes of assisting a family member, an acquaintance, dependant who is ill or otherwise suffers from a distressing situation;

(d) any other reason which an authorised officer considers sufficient to warrant the entering into or departing from the restricted area, that person must obtain 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 restricted area which would otherwise have been a contravention of subregulation (1).

(6) A person is exempted from the requirement of obtaining a permit to enter or depart as contemplated in subregulation (5), if that entering or departure is necessary for purposes of –

(a) transporting essential goods;

(b) performing an action necessary for the enforcement of law or public order;

(c) facilitating the distribution of food or other necessities of life;

(d) maintaining or repairing infrastructure necessary or useful for the provision of essential goods or critical services; or

(e) performing a critical service that cannot reasonably be postponed.

 

Restriction on movement from places of residence

8. (1) During the period of lockdown a person may not leave his or her place of residence, except for any of the following reasons –

(a) performing or providing a critical service;

(b) obtaining or selling or providing essential goods;

(c) seeking medical assistance;

(d) to attend a funeral of a family member, an acquaintance or a dependant, but subject to regulation 6(3);

(e) visits to pharmacies, food supply stores, courts, banks or other providers of essential goods or critical services;

(f) for physical exercise either alone or in groups of not more than three persons; or

(g) for any other reason that is justifiable in the circumstances.

(2) An authorised officer may instruct a person to refrain from doing an act or engaging in conduct which constitutes or is likely to constitute a contravention of, or failure to comply with, any provision of subregulation (1).

(3) A person who fails or refuses to comply with an instruction issued under subregulation (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.

 

Critical services

9. (1) The services listed in Annexure A are critical services.

(2) The head of the institution involved in the provision of a critical service or a person delegated by the head of the institution must determine –

(a) the critical service to be performed during the period of lockdown; and

(b) the staff members who must perform the critical service during the period of lockdown.

(3) After making a determination in terms of subregulation (2), the head of the institution or a person contemplated in that subregulation must issue a document to every staff member who is to perform the critical service.

(4) The document referred to in subsection (3) must –

(a) specify the name and surname of the staff member, the identification number of the staff member and the critical service and the name of the institution in sufficient detail; and

(b) be signed by the head of the institution or the person.

(5) A person performing a critical service must show the document issued to him or her in terms of subregulation (4) to an authorised officer or any person in relation to whom he or she may seek to perform a function.

(6) An authorised officer may screen a person, who is performing or is required to perform a critical service, for COVID-19.

(7) The head of an institution must ensure that persons who perform critical services in that institution at all times adhere to the measures to combat, prevent and suppress the spread of COVID-19 as specified in or under these regulations.

(8) A person who contravenes or fails to comply with subregulation (5) or who refuses to be screened as contemplated in subregulation (6) 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.

(9) For the purposes of this regulation, provision of a critical service or performing a critical service includes the provision of essential goods to any person.

 

Prohibitions relating to liquor

10. (1) During the period of lockdown, a person may not –

(a) sell liquor; or

(b) purchase liquor.

(2) Despite subregulation (1), buying and selling of liquor is permitted for purposes of:

(a) exportation to another country; or

(b) importation into Namibia and subsequent exportation of the imported liquor, during the normal course of business.

(3) A person who contravenes 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 may, without a warrant, seize any liquor that is suspected to have being sold or has been purchased in contravention of this regulation and the seized liquor must, subject to necessary changes, 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.

 

Provisions relating to certain operations and closure of certain businesses

11. (1) During the period of lockdown –

(a) all businesses and other entities must cease operations, except for any business or entity involved in the manufacturing, supply or provision of essential goods or critical services, including the importation and exportation of essential goods or equipment and goods necessary for the provision of critical services;

(b) all shops and businesses must be closed, except for any shop or business that sells essential goods or provides critical services;

(c) all open markets, informal trading activities, shebeens, bars, pubs and nightclubs must be closed, except for –

(i) any open market where essential goods sold or critical services are

performed; or

(ii) an informal trader that sells essential goods or provides a critical service;

(d) restaurants, cafés and coffee shops may remain open: Provided that they only provide take away services.

(2) During the period of lockdown, any business entity, including a retail trader that is –

(a) registered with the Business and Intellectual Property Authority established by the Business and Intellectual Property Authority Act, 2016 (Act No. 8 of 2016); and

(b) involved in the manufacturing, distribution, supply or provision of essential goods or critical services, must, in the manner and within the period set out in the directives issued under regulation 14 of the Regulations published under Proclamation No. 9 of 28 March 2020, obtain from the ministry responsible for trade, a confirmation of registration as a business that engages in the provision of essential goods or a critical service.

(3) Heads of institutions of businesses and entities which are operating during the period of lockdown must ensure that persons that access the essential goods or critical services at the business premises or places of the institutions and entities adhere to measures to combat, prevent and suppress the spread of COVID-19.

(4) A person who contravenes or fails to comply with 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.

(5) Businesses and entities operating in the restricted area and to which confirmation of registration has been issued under the directives published under Proclamation No. 9 of 28 March 2020, are regarded to have complied with subregulation (2) and are not required to obtain such confirmation for the purposes of that subregulation.

 

Applicability of certain provisions of Stage 2: State of Emergency – Covid-19 Regulations

12. Nothing in these regulations or any other law may be construed as excluding or limiting the application of the provisions of regulations 5, 10, 11, 13, 14, 15, 16, 17 and 18 of the Stage 2: State of Emergency – Covid-19 Regulations published under Proclamation No. 17 of 4 May 2020 in the restricted area, and the provisions of those regulations will continue to apply in the restricted area during the period of lockdown even if those regulations are repealed by another law.

 

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