Medical and Health Law

• Citation: 2021/2022 YSAL 1025
• Published date: 14 April 2023
• Pages: 1025-1083
• Author: le Roux-Kemp, A.
• Date: 14 April 2023

1025

1. INTRODUCTION

The year under review saw the suspen sion, repeal and expiry of the various

public health measures put in place for COVID-19 under the Disaster

Manage ment Act.1 Many cases b efore the South African cou rts dealing

with, inter alia, the government’s response to the COVID-19 pandemic were

also concluded during th is time. The most importa nt of these legislative

and regulatory cha nges as well as the judicial pronouncements thereon are

included in this c hapter. Other important legal developments in the context

of medical and health law involved the interpretation of various leg islative

provisions across a wide and disparate range of topics, includi ng the right

to bury a foetus i n terms of the Birth s and Deaths Registration Act a nd

its reg ulati ons,2 public interest con siderations in the context of access to

healthcare services i n terms of the Competition Act,3 the valid ity of various

regulations promulgated under the Medic ines and Related Substances Act,4

and the interplay between the provi sions of the National Health Act5 an d

the Protection of Personal In formation Act6 in the context of the di sclosure

of confidential patient information.

* BA LLB LLD (Stell) CML BMus Hons BMus (SA); Associate Professor, University of

Lincoln (UK). ORCID: https://orcid.org/0000-0001-7186-7662.

1 57 of 2002.

2 51 of 1992.

3 89 of 1998.

4 101 of 1965.

5 61 of 2003.

6 4 of 2013.

Medical and Health LawMedical and Health Law

Andra le Roux-Kemp*

2021/2022 YSAL 1025

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YeArbooK oF south AFrICAN LAW

1026

2. LEGISLATION

2.1 COVID-19: NOTICES PUBLISHED IN TERMS OF THE DISASTER

MANAGEMENT ACT

The following notices were promulgated under the Dis aster Management

Act in relation to the present and ongoing coron avirus pandemic:

• Directions: Measur es to address, prevent and combat the spread of

coronavirus COVID-19 relating to the biodiversity sector in (GN 591 in

GG 44807 of 5 July 2021)

• Measures to prevent and combat the spread of coronavirus COVID-19:

Sport, Arts and Culture in (GN 576 in GG 44811 of 6 July 2021)

• Directions to address, prevent and combat the spread of coronavi rus

COVID-19 in the communications and digital tec hnologies sector

(Amendment: GN 594 in GG 44814 of 7 July 2021)

• Regulations: Alert level 4 during coronavi rus COVID-19 lockdown

(Amendment: GN 610 RG 11306 in GG 44838 of 11 July 2021)

• Extension of National State of Disaster under coronavi rus COVID-19

lockdown to 15 August 2021 in (GN 611 RG 11307 in GG 44839 of 12 July

202 1)

• Regulations: Alert level 4 during coronavi rus COVID-19 lockdown

(Amendment: GN 612 RG 11308 in GG 44844 of 14 July 2021)

• Regulations: Alert level 4 during coronavi rus COVID-19 lockdown

(Amendment: GN 614 RG 11309 in GG 44850 of 14 July 2021)

• Implementation of provisions relating to small bu siness development

during coronavirus COVID-19 pandemic in (GN 615 in GG 44853 of

15 July 2021)

• Directions: Re-ope ning of schools and measu res to address, prevent

and combat the spread of coronavirus COVID-19 in the education sector

(Amendment: GenN 422 in GG 44858 of 15 July 2021)

• Directions: Measur es to address, prevent and combat the spread of

coronavirus COVID-19 in all courts, court preci ncts and justice ser vice

points in (GN 632 RG 11311 in GG 44868 of 16 July 2021)

• Measures to address, prevent and combat the spread of coronavirus

COVID-19 relating to biodiversity auctions: (Amendment: GN 619 in

GG 44862 of 16 July 2021)

• Measures to prevent and combat the spread of coronavirus COVID-19:

Sport, Arts and Culture in (GenN 6 35 in GG 44872 of 19 July 2021)

• Coronavirus COVID-19 temporary employee/employer relief scheme

(TERS) benefits for certain c ategories of employees (GN 678 RG 11312 in

GG 44874 on 20 July 2021)

• Measures to address, prevent and combat the spread of coronavirus

COVID-19 in all correctional centres and re mand detention facilities

(GN 647 in GG 44883 of 21 July 2021)

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medICAL ANd heALth LAW 1027

• Determination of aler t level: Coronavirus COVID-19 alert level 3 will

apply nationally from 26 July 2021 in (GN 650 RG 11314 in GG 44895 of

25 July 2021)

• Regulations: Adjusted alert level 3 during coronavi rus COVID-19

lockdown in (GN 651 RG 11314 in GG 44895 of 25 July 2021)

• Directions: Measur es to address, prevent and combat the spread of

coronavirus COVID-19 in all courts, court preci ncts and justice ser vice

points in (Proc R 33 RG 11315 in GG 44899 of 30 July 2021)

• Regulations: Adjusted alert level 3 during coronavi rus COVID-19

lockdown (Amendment: GN 669 in GG 44911 of 30 July 2021)

• Directions: Re-ope ning of schools and measu res to address, prevent

and combat the spread of coronavirus COVID-19 in the education sector

(Amendment: GenN 442 in GG 44922 of 1 August 2021)

• Measures to prevent and combat the spread of coronavirus COVID-19:

Sport, Arts and Culture (Amendment: GN 674 in GG 44924 of 2 August

202 1)

• Adjusted alert level 3 regulation: Measures to prevent and combat the

spread of COVID-19 in (GN 710 in GG 44950 of 10 August 2021)

• Directions to address, prevent and combat the spread of coronavi rus

COVID-19 in relation to unemployment insurance fund temporary

financial r elief scheme for destroyed, affected or looted workplaces

(GN 712 RG 11321 in GG 44978 of 10 August 2021)

• Extension of national state of disaster u nder coronavirus COVID-19

lockdown to 15 September 2021 in (GN 733 RG 11324 in GG 44986 of

12 Augu st 2021)

• Extension for validity period of lear ner’s licences, driving licence cards,

licence discs, professional dr iving permits and reg istration of motor

vehicles for coronavirus COVID-19 adjusted alert level 3 (Amendment:

GN 788 in GG 45073 of 31 August 2021)

• Extension of national state of disaster u nder coronavirus COVID-19

lockdown to 15 October 2021 (GN 867 RG 11336 in GG 45155 of

12 September 2021)

• Determination of aler t level: Coronavirus COVID-19 alert level 2 will

apply nationally from 13 September 2021 (GN 868 RG 11337 in GG 45156

of 12 September 2021)

• Extension of national state of disaster u nder coronavirus COVID-19

lockdown to 15 October 2021 (Amendment: GN 953 RG 1139 in GG 45222

of 26 September 2021)

• Measures to prevent and combat the spread of coronavirus COVID-19:

Home affairs (GN 36 in GG 45239 of 28 September 2021)

• Regulations: Adjusted alert level 1 during coronavi rus COVID-19

lockdown (GN 960 RG 11342 in GG 45253 of 30 September 2021)

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