Below we summarise a few important provisions from the directions issued by the Minister, the majority of which were amended to account for the period in which a person should self-isolate when they test positive for COVID-19.

On 17 July 2020, the Minister of Health, in terms of regulation 4(1)(a) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002), provided amendments to the directions issued on 8 April 2020 to address, prevent and combat the spread pf COVID-19 in South Africa.

On 7 August 2020 the Minister issued further amendments to the directions in terms of regulation 4(1)(a) of the Regulations published in terms of section 27(2) of the Disaster Management Act, 2002, to further detail the steps to be taken when dealing with COVID-19 patients.

As a point of departure, a few notable definitions have been added to the Regulations are listed below:

  • 'Asymptomatic person' bears the meaning in the directions to be any person who has tested positive for COVID-19 but is not showing any symptoms associated with the virus.

  • 'Symptomatic person' would be a person who has tested positive for COVID-19 and shows or experiences symptoms of the virus.

  • 'De-isolate' means that a person may be released from isolation or is no longer required to be isolated from others.

  • 'Fever' is stipulated in the directions that one is considered to have a fever when their temperature reads above 38 degrees Celsius.

Persons entering the Republic

The Minister has substituted paragraph 1(a) and (b) of the Regulations issued on 17 July 2020 to provide that persons who enter the Republic through any point of entry and subjected to screening may be placed under mandatory quarantine for a minimum period of 10 days rather than the previously regulated 14 days. (The same amendments, regarding the entry and exit in the Republic, have been effected for persons operating cargo and fishing vessels).

Further, such a person may now be permitted to self-quarantine at a place that complies with the criteria for self-quarantine and self-isolation set out in paragraph 19.

Symptomatic and Asymptomatic persons

The amendments issued have inserted paragraph 21A, 21B and 21C to provide clarity on the steps to be taken by persons who test positive for COVID-19 and are either symptomatic or asymptomatic.

In relation to a symptomatic person, paragraph 21A provides that when a person tests positive for COVID-19 and is symptomatic with mild disease (which does not require hospitalisation) must be isolated for a period of at least 10 days from the date when the symptoms set in. After the 10-day period a person may de-isolate, provided that the person no longer has fever and their symptoms have improved.

In respect to a symptomatic person with moderate-severe disease, they must be isolated for a period of 10 days after recovery when the person no longer requires supplemental oxygen and is clinically stable.

The newly inserted paragraph 21B provides that where a person tests positive for COVID-19 and is asymptomatic they are to self-isolate for 10 days from the day they tested positive.

Further, the insertion of paragraph 21C provides that repeat testing is not required in order for a person to de-isolate.

Medical evacuation through air or land points of entry

The Directions have further amended paragraph 22(3) by including persons with disabilities, which now provides that when a patient who is a minor or a person with disability is being evacuated, only one responsible adult may accompany that minor or person with a disability.

Originally published 13 August, 2020

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