Stiff penalties for contravening lockdown laws

Anyone who intentionally exposes another person to Covid-19, or who moves between provinces during the lockdown or contravenes other government regulations to curb the spread of the virus, can expect to pay heavy fines or be forced to appear in court without the option of a fine.

The penalties are based on admission of guilt (AG) fines, or charges in court and include R10,000 for illegally convening a gathering of more than 100 people, or R2,000 for illegally leaving one’s home.

Anyone who intentionally exposes another person to Covid-19 may face a charge of assault, attempted murder or murder, with the court having discretion to impose an appropriate sentence.

These are among a raft of penalties published by justice officials, who have moved swiftly to meet the new list of crimes created by government regulations to curb the spread of Covid-19 and related issues.

There is no stipulated AG fine or penalty for anyone misrepresenting that they or anyone else is infected with the virus, with the courts having full discretion to impose a sentence for this offence.

Taxi and bus operators – including short- and long-haul service providers - will be fined up to R10,000 for a first offence of transporting passengers outside of the regulated hours or in contravention of other measures.

The courts have also stipulated fines for transport operators contravening hygiene regulations and revised carrying capacities of their vehicles during the state of disaster.

Following President Cyril Ramaphosa’s declaration of a national disaster under the National Disaster Management Act on March 15, various government departments have issued regulations in specific areas aimed at curbing the transmission of the virus and dealing with related issues.

Some of the regulations stipulate the penalties to be paid, but many others have been left to the courts to decide.

In the Eastern Cape, including East London and Port Elizabeth, the cluster head and PE’s chief magistrate, Sibongile Raphahlelo, issued an updated penalty schedule for a range of new offences.

In many cases, the contravention will result in an AG fine. In other cases, and in a second offence for the same charge, the accused will not be able to pay an AG fine but must appear in court and face a formal charge. The penalties include:

• Convening a gathering, assembly, concourse or procession of more than 100 people, wholly or partly in open air or in a building: R10,000 AG fine;
• Permitting more than 50 people at premises where liquor is sold: R10,000 AG fine, with a second offence resulting in a court appearance;
• Hindering, interfering with or obstructing law enforcement officers in the exercise of their powers or duties: R5,000 AG fine, with a second offence resulting in a court appearance;
• Intentionally misrepresenting that one or anyone else is infected with Covid-19: Court appearance without the option to pay AG;
• Publishing false information about Covid-19, the infection status of any person or any measure taken by government in respect of the virus: Court appearance without the option to pay AG;
• Refusing to stay at home, unless one is performing an essential service, obtaining essential goods or a service, collecting a social grant, or seeking emergency, life-saving or chronic medical attention: R2,000 AG fine with a second offence resulting in a court appearance;
• Attending or convening a gathering under the lockdown provisions, except for a funeral: No AG fine, appearance and charged in court;
• Moving between provinces: R10,000 AG fine;
• Moving between a metro and district area: R5,000 AG fine for the first offence and a charge in court for subsequent offences;
• Non-essential business failing to close during the lockdown: R10,000 AG fine;
• Retail shops not selling essential goods and services that fail to close, or fail to adhere to safety measures to prevent the spread of the virus: R10,000 AG fine;
• Specified places or premises not closing to the public: charged in court;
• Public transport facilities and operators failing to provide proper sanitation, including ensuring that drivers and marshals wear masks: R5,000 AG fine and charged in court for subsequent offences;
• Inter-provincial, long-distance and non-essential service providers who operate in contravention of the lockdown provisions: R10,000 AG fine and charged in court for subsequent offences;
• Transporting essential services workers outside the regulated hours: R5,000 AG fine and charged in court for subsequent offences;
• Standing in a public transport vehicle: R1,000 AG fine;
• Vehicles licensed to carry four passengers may now only carry one passenger in terms of Covid-19 revisions for vehicles: R2,000 AG fine for first offence, with subsequent offences requiring charges in court;
• Similarly, those licensed to carry up to eight passengers may now carry only three. First violation carries R5,000 AG fine, with subsequent offences requiring charges in court.
• Minibuses must halve their seating capacity or face a fine of R5,000 AG for a first offence, and public transport operators not putting in place measures to ensure social distancing will also be fined R5,000 for a first offence, with additional charges going to court.

Efforts to obtain a schedule of fines for the Mthatha magistrate’s court administrative division were unsuccessful.

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