Tag: Disaster Management Act (DMA)

The issue is whether an essential service in terms of the Disaster Management Act (DMA) is deemed an essential service for the purposes of the Labour Relations Act (LRA), thus barring employees from engaging in protected strike action.

The immense socio-economic impact under one of the world’s most extreme lockdown’s during the COVID-19 pandemic has resulted in South Africans uniting for their voices to be heard under a grassroots movement called Move One Million.

As COVID-19 cases continue to rise sharply in South Africa, employers will be under increased pressure to ensure that their workers are operating under conditions of safety and protection. Companies are required to ensure their strict compliance with the various Acts and COVID-19 Regulations, including the Occupational Health & Safety Act, Labour Act, Consumer Protection Act, Disaster Management Act and more.

Employees returning to work from the COVID-19 lockdown will need to show reasonable justification if they halt work on the basis that they are exposed to the virus. Legal provisions allowing employees to withdraw from a hazardous working situation could, in the context of COVID-19, be open to abuse by unprincipled employees or trades unions.

With the commencement of Level 3 of COVID-19 lockdown on 01 June, many employers are feeling overwhelmed with their obligations to meet the regulatory requirements and ensure the health and safety of those employees, who have returned to work, and are needing assistance in establishing the various protocols for the prevention of the spread of COVID-19 in the workplace.

In a strong rebuke of the Minister of Cooperative Governance and Traditional Affairs, and her Director-General, Judge Norman Davis in the Pretoria High Court on Tuesday, 02 June 2020, declared the regulations issued by the Minister in terms of Section 27(2) of the Disaster Management Act to be unconstitutional and invalid.

On 29 April 2020, the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published regulations in terms of the National Disaster Management Act which regulate the Alert Level 4 conditions during the COVID-19 national disaster.

COVID-19, the virus which is shaking the world — is rapidly increasing the number of employees who work remotely. This mass exodus of employees from the 'more secure' office environment into the unsecured home terrain is a breeding ground for cyber security risk. 

The global economy has been disrupted severely by the outbreak of the coronavirus, also referred to as COVID-19. According to the World Health Organisation (WHO), the virus originated in the city of Wuhan in the province of Hubei, in China around December 2019.

Legally we have entered unchartered waters that government, perhaps understandably, appears unable to navigate. Practically, the coronavirus regulations cannot be adhered to in a society composed like South Africa’s. In whichever way one approaches the issue, the coronavirus regulations should in large part be set aside and replaced by less restrictive measures to control the pandemic.