{"id":9946,"date":"2021-04-06T14:29:16","date_gmt":"2021-04-06T14:29:16","guid":{"rendered":"https:\/\/yourlifeassist.co.za\/sunint\/?p=9946"},"modified":"2021-04-06T14:29:30","modified_gmt":"2021-04-06T14:29:30","slug":"wear-a-mask-or-face-the-consequences","status":"publish","type":"post","link":"https:\/\/yourlifeassist.co.za\/sunint\/wear-a-mask-or-face-the-consequences\/","title":{"rendered":"Wear a mask or face the consequences"},"content":{"rendered":"

Many months into the pandemic and a level of compliance fatigue is setting in. We need to remind ourselves that the COVID-19 pandemic is not yet under control. To save lives and livelihoods, it is in everyone\u2019s best interest to protect themselves and others.<\/p>\n

Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2) is the virus that causes coronavirus disease 2019 (COVID-19). It is easily spread in the moisture droplets that are released through talking, coughing, sneezing, laughter or singing, making it necessary to enforce the wearing of face masks and to reinforce other measures like hand hygiene and physical distancing. Relatively simple habits that are highly effective in containing the spread of COVID-19 \u2013 with the added advantage of limiting the spread of other contagious infections like the common cold, upper and lower respiratory tract infections (like influenza, pneumonia, and TB).<\/p>\n

In the interest of Public Health and Safety, the Minister of Cooperative Governance and Traditional Affairs published Regulations in the Government Gazette, on 11 \u00a0<\/sup>January 2021, as part of the Disaster Management Act, that made wearing of a face covering (face mask) a mandatory provision \u2013 meaning that if you go against this regulation, you are committing a legal [and social] offence.<\/p>\n

A face mask is a cloth face mask or a homemade item that covers the nose and mouth, or another appropriate item that covers the nose and mouth (regulation 34 (1)).<\/p>\n

Familiarise yourself with the conditions that apply and the possible legal implications of not wearing a face mask in South Africa until such time as the Regulation is lifted.<\/p>\n

    \n
  1. When and where do these regulations apply?<\/strong><\/li>\n<\/ol>\n

    Regulation 34(2) \u00a0provides that every person in South Africa, or travelling to South Africa, over the age of 6 years, must wear a face mask when in a public place.<\/p>\n

    It is not mandatory to wear a face mask while in a private place if there are no other people present who may be exposed\/or exposing the spread of the coronavirus (SARS-COV2).<\/p>\n

    Regulation 43(4) gives a directory mandate to any driver, owner, or operator of public transport not to allow any member of the public to board or be conveyed in a public transport that the former is operating if the latter is not wearing a face mask.<\/p>\n

      \n
    1. What are the implications of not wearing a face mask in a public place? <\/strong><\/li>\n<\/ol>\n

      A person who does not wear a face mask in a public place may suffer the following consequences:<\/p>\n

        \n
      • Will not be allowed to use, operate, or perform any service on any form of public transport.<\/li>\n
      • Will not be allowed to enter or be in the building, place, or premises, including government buildings, places or premises used by the public to obtain goods or services.<\/li>\n
      • Will not be allowed to be in any public open space, with an exception to a person who would be doing a vigorous exercise in a public place, he\/she may be allowed to be in public space without wearing a face mask provided that such person maintains a distance of at least one and a half metres from any other person and complies with what is determined as a vigorous exercise as per the guideline by Minister of Health.<\/li>\n<\/ul>\n

        An employer may not allow an employee to enter workplace building, place, or premises without wearing a face mask.<\/p>\n

          \n
        1. What can happen if you break these laws?<\/strong><\/li>\n<\/ol>\n

          A law enforcement officer may not arrest or charge a person with an offence for not wearing a face mask in a public place without first giving such person a verbal instruction<\/strong> to wear a face mask.<\/p>\n

          Any person who fails to comply with verbal instruction by a law enforcement officer to wear a face mask commits an offence and is, on conviction, liable to a fine (R1000 \u2013 R1500); or a period of imprisonment not exceeding six (6 months), or both.<\/p>\n

          Admission of guilt fines<\/strong><\/p>\n

          Police officials may issue an admission-of-guilt fine to members of the Public who fails to obey verbal instructions to wear a face mask in a public place.<\/p>\n

          However, the suspect has an option to admit guilt and pay the pre-determined fine, thereby avoiding trial, or may refuse to admit guilt by paying a fine and opt to argue their case before a Magistrate in court, with or without legal representation. Chances are that the Magistrate may either dismiss the case or convict the accused depending on the circumstances and evidence presented before the court.<\/p>\n

          Admission of guilty fine by the offender, for not wearing a face mask in public space may have the following implications to the offender:<\/p>\n

            \n
          • May result in a criminal record.<\/li>\n
          • A criminal record may affect the individual\u2019s prospects of finding employment or traveling outside the country.<\/li>\n
          • It may also affect volunteering opportunities or admission to certain courses of higher education that one might apply for.<\/li>\n<\/ul>\n
              \n
            1. Does this Regulation apply to people who have had the COVID-19 vaccine?<\/strong><\/li>\n<\/ol>\n

              Yes! It is still possible to be infected with the coronavirus. The role of the vaccine is to trigger an immune response that will fight the infection \u2013 reducing the severity and preventing deaths from COVID-19 complications.<\/p>\n

              The bottom line: <\/strong>It is advisable to comply with the Regulations and uphold the law. Wear a face mask while in public space for safety reasons and to avoid any unintended and stressful consequences.<\/p>\n

               <\/p>\n

              For free legal advice from LifeAssist, call to make an appointment for a telephone consult during business hours.\u00a00860 111\u00a0322Source:\u00a0 LifeAssist: Date: March 2021<\/p>\n","protected":false},"excerpt":{"rendered":"

              Many months into the pandemic and a level of compliance […]<\/p>\n","protected":false},"author":2,"featured_media":9947,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[233,184,39],"tags":[],"class_list":["post-9946","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-2021-apr-newletters","category-focus-coronavirus","category-your-future-legal"],"_links":{"self":[{"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/posts\/9946","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/comments?post=9946"}],"version-history":[{"count":0,"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/posts\/9946\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/media\/9947"}],"wp:attachment":[{"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/media?parent=9946"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/categories?post=9946"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/yourlifeassist.co.za\/sunint\/wp-json\/wp\/v2\/tags?post=9946"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}