What the law says if you’re caught in a gathering of more than 100 people
President Cyril Ramaphosa on Sunday evening (15 March), announced a number of restrictions to curb the spread of the coronavirus – including a prohibition of gatherings of more than 100 people.
Speaking at a media briefing on the coronavirus restriction measures announced by the president, Minister of International Relations and Cooperation, Naledi Pandor said that the government’s aim is not to move in and physically break up gatherings.
Instead, the restriction of gatherings is a call to all stakeholders in the country – from business, community and spiritual leaders, to every citizen, to take the matter seriously and protect themselves and their communities from contracting and spreading the virus.
“Countries have taken measures around mass gatherings and restricting numbers…we are appealing to the public to be the ones who respond to assisting our country not to have a spread.”
“We know the spread is due to human contact, and whatever can be done to limit spread of this epidemic, let us do it,” Pandor said.
“We don’t wish, at any point, to be calling out anyone to enforce mass separations. All of us can act, and there’s no mal-intention from government. I believe our communities can respond when they know there is a crisis mounting – and we expect that response from all South Africans.”
What the law says
In the event that the government is forced to move in and break up mass gatherings, it is empowered by the law to dish out penalties.
Professor Hugo Pienaar, a director at law firm Cliffe Dekker Hofmeyr, explained that the prohibition of gatherings does not apply to workplaces, but instead refers to gatherings under the Regulation of Gatherings Act.
“The definition of a gathering in terms of the Gatherings Act regulates and the assembly of people for a common purpose,” he said.
“The prohibition is therefore not intended to extend the to the business environment as employees attending work does not classify as a gathering in terms of the Gatherings Act.”
He added that Section 27 (4) of the Disaster Management Act provides that the state may pass regulations prescribing penalties for any contravention of any regulations passed in relation to a state of disaster.
This means that South Africans who are caught in a gathering of more than 100 people could, in theory, face punishment.
“Although it does not seem that any regulations prescribing penalties for the violation of the prohibition on gatherings of more than 100 people have been passed as yet, the above provisions do imply that the State is vested with the power to use State power to penalise those caught violating the prohibition,” Pienaar said.
“While the president hasn’t given guidance in terms of enforcement of the prohibition, one could assume that the state will potentially enforce the prohibition in terms of section 12 of the Regulation of Gatherings Act.
“Section 12 provides that any person who contravenes the provisions relating to gatherings shall be guilty of an offence and on conviction liable for either a fine and/or imprisonment for a period of either one or two years.”
Pienaar said that employers can also bring an application for an urgent interdict to prevent a gathering in excess of 100 employees on the basis of the prohibition released by government.
He added that picketing and protesting is allowed but must still adhere to the restrictions meaning that it is limited to 100 people. Pickets and strikes further remain subject to compliance with the Labour Relations Act. In other words, such pickets/protests must be pursuant to a protected strike, he said.
Read: Ramaphosa declares a national state of disaster over the coronavirus – here’s what you need to know
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