Covid-19 Lockdown Frequently Asked Questions - SA ...
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Covid-19 Lockdown Frequently Asked Questions
15 April 2020
Covid-19 Frequently Asked Questions (FAQ)
Disclaimer: This document is a guideline of best practices and a living document. The
opinions expressed are in good faith and while every care has been taken in preparing
these answers to frequently asked questions, Agri SA makes no representations and gives
no warranties of whatever nature in respect of these responses, including but not limited
to the accuracy or completeness of any information, facts and/or opinions contained
therein. Agri SA, its affiliates, the directors, and employees cannot be held liable for the
use of and reliance on the opinions contained in these documents. Members are
encouraged to take all possible precautions to protect themselves and their employees
from the coronavirus and to ensure that they comply with the law. It must be noted that
regulations are amended and new regulations are still being promulgated, therefore this
information is subject to change.
Question Answer
1. Do our workers need permits Yes. A permit to perform essential services is required. This permit
to travel to and from the farm? is in GNR 398 in Government Gazette, number 43148, Vol. 657
published on March 25, 2020. Refer to Regulation 11B (3), Form 1
in Appendix C. This pro forma document has been published by the
government and Agri SA has developed a similar pro forma that can
also be used.
2. Are rotational staff allowed to Yes, subject to presentation of an employer / business permit letter
leave farms between shifts and an identity document. In terms of Regulation 11C (2) of GNR 398
and will public transport be of 25 March 2020, the employer must make the necessary transport
allowed to transport them? arrangements. In the case of a taxi or bus, 70% of the licensedcapacity of the vehicle may not be exceeded, and 60% in the case of
a private vehicle.
3. Can the informal traders Yes, it is considered an essential service. Refer to GNR 399 in
continue to trade food Government Gazette, number 43147 of March 25, 2020 (section
products? 6.5.2 (a) (vi)) see also GNR. 446 Government Gazette, No. 43199 of
April 2, 2020 which further requires that the informal trader must
obtain written permission from a municipal authority to trade.
4. What happens to farmworkers If the farming activity is food production or is involved in harvesting
during the 21-day lockdown? and storage essential to prevent the wastage of primary agricultural
products, the worker can continue working as this is deemed an
essential service. (refer to GNR 419 Government Gazette, number
43168 of 26 March 2020 - Appendix B to the regulations).
5. Can farmworkers move to and Yes, if you are involved in food production or harvesting and storage
from the workplace? of primary agricultural products to prevent wastage, subject to
presenting an employer / business permit letter as well as an identity
document. A permit to perform essential services is required. This
permit is in GNR 398 in Government Gazette, number 43148, Vol.
657 published on March 25, 2020. Refer to Regulation 11B (3), Form
1 in Appendix C. This pro forma document has been published by
the government and Agri SA has developed a similar pro forma that
can also be used.
6. How do I repair equipment
Support services to essential businesses are deemed an essential
without buying new spares?
service so one should still be able to access this service.
7. Can testing for the
coronavirus be done on a farm
if an employee displays any If the employer has a thermometer/screening instrument available at
symptoms? their disposal, they may conduct screening tests at work.If an employee has a high temperature, they should be isolated. The
hotline number 0800 029 999 must be called immediately if someone
is suspected of carrying the virus.
8. Where do we get masks and
is the employer liable if staff A directive on Personal Protective Equipment (PPE) in workplaces is
are transported without being developed by the Department of Employment and Labour and
masks? currently under discussion at Nedlac.
9. Are we able to travel freely to Yes, subject to presentation of a permit to perform essential services
take produce to market? and an identity document. This permit is in GNR 398 in Government
Gazette, number 43148, Vol. 657 published on March 25, 2020.
Refer to Regulation 11B (3), Form 1 in Appendix C. This pro forma
document has been published by the government and Agri SA has
developed a similar pro forma that can also be used.
10. Do we require permits to Yes. A permit to perform essential services is required. This permit
move/travel to our suppliers? is in GNR 398 in Government Gazette, number 43148, Vol. 657
published on March 25, 2020. Refer to Regulation 11B (3), Form 1
in Appendix C. This pro forma document has been published by the
government and Agri SA has developed a similar pro forma that can
also be used.
11. How do we go about getting Contact your local farmers’ association. A Permit to Perform
authorisation for essential Essential Services (Regulation 11b (3) pro forma) is published in the
members of staff to travel to Government Gazette, No. 43147 Vol. 657 of 25 March 2020. Agri SA
and from our farm? has developed a similar pro forma that can also be used
12. Can I keep my business open Support services to essential businesses are deemed an essential
to provide a service to the service and should be able to continue.
agriculture sector by supplyingtractors and implement spares
to the farmer and mechanics?
13. How do farmers continue to By practicing social distancing and good hygiene as communicated
keep the operation running by Agri SA.
without any physical contact
with others?
14. How does one honour
financial monthly There will be UIF and PAYE relief, we expect more information from
commitments? the government as time progresses.
15. Are co-ops also on lockdown? No, it is deemed an essential service so one should still be able to
access this service.
16. I need to buy a new tyre for
my truck because it is This is deemed an essential service so one should still be able to
irreparable? access this service.
17. Are people able to buy live It is considered an essential service, so this service may still be
chickens and produce off- provided. GNR. 446 Government Gazette, No. 43199 of April 2,
farm? 2020, requires that an informal trader obtain written permission from
a municipal authority.
18. Will my suppliers be allowed This is deemed an essential service so you should still be able to
to open? access this service. Perhaps contact your supplier and make the
necessary arrangements with them.
19. Dairy farm priority? This is deemed an essential service. Introduce sound bio-security
principles on the farm. Also, you could assist with a permit to perform
essential services for collection.
20. Can small forestry operations Yes, they are deemed as an essential service as they produce
(about 5 people) continue packaging for food and toilet paper amongst others. Harvesting and
during the lockdownstorage activities essential to prevent wastage of primary agricultural
goods is also considered essential services.
21. Government assistance to
reduce state levies i.e.: SDL,
WCA, Water levies, rates and There will be UIF and PAYE relief, we expect more information from
taxes? the government as time progresses.
22. How do I sell green mealies' It is considered an essential service. Maintain sound biosecurity
off the farm'? principles on the farm. The farmer can also assist with a Permit to
Perform Essential Services for collection. See also GNR. 446
Government Gazette, No. 43199 of April 2, 2020 which further
requires that the informal trader obtain written permission from a
municipal authority.
23. Does the State have any All possible interventions are being considered at this time.
plans to help distribute healthy
food to people that don’t have
the resources to access
enough to keep as healthy as
possible?
24. Transportation of staff Only to farms that produce food or are engaged in activities deemed
to be harvesting and storage of primary agricultural products to
prevent wastage, subject to the submission of a Permit to Perform
Essential Services of the Employer / Business, as well as an ID
document. In terms of Regulation 11C (2), the employer must make
the necessary arrangements. Private vehicles must not exceed 60%
of the licensed capacity and that all directions regarding hygienic
conditions and the restriction of exposure of persons to COVID-19are complied with, see Regulation 11C (4) of GNR. 446 Government
Gazette, Number 43199 of 2 April 2020.
25. 3 farms in different areas. Can Yes, regulation 11 B (1) (a) (iii) in GNR. 446 Government Gazette,
I travel between / to them & No. 43199 of April 2, 2020, prohibits movement between provinces
possibly with labour / and between metropolitan and district areas except—
equipment? (aa) for essential workers traveling to and from work. Police have
confirmed that travel to provide essential products and services
across provincial borders and between metros and district
municipalities is permissible.
26. Will the government follow The international best practice is being considered.
other successful countries and
specifically advocate milk
consumption to help increase
people’s immunity?
27. Forestry is considered an essential service. For vegetable seedlings,
a Permit to Perform Essential Services is required. This permit is in
GNR 398 in Government Gazette, number 43148, Vol. 657 published
on March 25, 2020. Refer to Regulation 11B (3), Form 1 in Appendix
Transportation of forestry and C. This pro forma document has been published by the government
vegetable seedlings and Agri SA has developed a similar pro forma that can also be used.
28. What happens to livestock Should continue, please contact your local SAPS/security company
theft patrols? for more information.
29. Will farmers/reservists still be Subject to schedule B (number 18) of the regulations and registered
able to drive patrols? as a farm watch with PSIRA (schedule B (20) of the regulations).
30. Will a curfew be set up in the There are no regulations regarding clock rules. People can expect
evenings that anyone moving to be stopped by the SAPS / SANDF during the containment period.around may be stopped by However, there are restrictions on times when taxis and public
SAPS / SANDF? transport may move.
31. If a farmer lives in the city and Yes, regulation 11 B (1) (a) (iii) in GNR. 446 Government Gazette,
has to drive to the farm every No. 43199 of April 2, 2020, prohibits movement between provinces
day - will he be able to do and between metropolitan and district areas except—
that? (aa) for essential workers traveling to and from work.
32. Farmworkers living in villages If the farm is involved in food production or activities that are deemed
that need to be transported harvesting and storage of primary agricultural produce to prevent
back daily or on weekends? wastage, then workers will be allowed to move under strict rules.
Farmers will likely need to provide transport within the framework of
the regulations. We suggest that members make use of the permit
to perform essential services mentioned in point 1. We do not
recommend that accommodation be provided now, due to ESTA
implications.
33. How will contract workers be If the farm is involved in food production or harvesting or storage of
handled to bring in critical primary agricultural products to prevent wastage, the contract
harvests? workers are treated the same as any other worker.
34. What about the worker who If the farm is involved in food production or harvesting or storage of
works out of the "township" – primary agricultural products to prevent wastage, and the worker can
May he come to work? If not, get to work he must come to work. There is no legal obligation to pay
he should be paid even if he is employees who are not working. The employer’s obligation to pay
sitting at home? If he must be arises from the employee’s ability and willingness to tender services.
paid what about the workers During the national lockdown period, the employees cannot and may
who live on the farm and goes not work – not because the employer requires that they do not work,
on with work? They will receive but because of the lockdown order issued by the government. (This
the same salary at the end of situation is different from the case where the employer requires the
the month even if one did not employee not to be at work because of a reasonable apprehensionwork. (Big problems one on the of harm in that the employee had been in contact with someone who
farm still has to do the other's tested positive for Covid-19 or presents with flu-like symptoms. Here
work) it is the employer that requires the employee to be absent based on
the employer’s duty to ensure a safe and healthy work environment.
In these circumstances, the absence should be paid, unless agreed
otherwise.)
As regards employees who cannot work during the lock-down period,
of course, if the employer can afford to pay the employee, it may
decide to do so, and pay her/his full remuneration or a portion thereof
as a “lockdown allowance” of sorts; or grant the employee a loan to
be recovered in due course. It is also permissible to require the
employees to take (paid) annual leave. It is well-established in terms
of the Basic Conditions of Employment Act that where an employer
and employee cannot agree on the time when the employee would
take leave, the employer may determine the time when the employee
will take leave. It is accordingly permissible for employers to require
that employees take their annual leave during the lockdown period.
This is a sensible way to ensure that the employee is paid during this
time.
35. Request for the regulations We're not going to be able to translate the regulations ourselves, but
and provisions in the workers' suggest our members do what we did: Ask a first-language speaker
language, please. to translate and distribute. We will also distribute all translations.
36. What rules and requirements Transportation must be provided. In terms of Regulation 11C (2), the
will apply in respect of employer must make the necessary transport arrangements. A
transport and accommodation permit to perform essential services will be required. If the farmer
himself provides transport (private vehicle) may not carry more thanof those workers who do not 60% of the licensed capacity and that all directions regarding
normally live on farms? hygienic conditions and the restriction of exposure of persons to
COVID-19 are complied with, see Regulation 11C (4) of GNR. 446
Government Gazette, No. 43199 of April 2, 2020. We do not
recommend that accommodation be provided now because of its
ESTA implications.
37. Under what rules and There is no consensus on whether stock auctions can continue
conditions may livestock currently. The regulations are not clear on this. Agri SA is trying to
auctions continue? get clarity on this. Meanwhile, APAC has taken the view that this is
regarded as an essential service. They propose that sound
biosecurity principles should be installed at auctions and that. social
distances are maintained and no more than 50 people. If any
additional regulation comes into effect, it will be shared as soon as
possible.
38. Are there any farming All farming activities that are not food production, processing or
activities that are excluded distribution, or harvesting and storage of primary agricultural
under essential food products to prevent wastage, are excluded.
production, processing or
distribution?
39. How do we handle work We asked the Department of Labour for clarity, if legal foreign
permits, from legal foreign workers have a valid working permit and a permit letter from the
workers, that expire during the employer/business this should suffice, we cannot confirm the
period of restriction? renewals of permits during this period.
40. What powers does a local In terms of section 14 of the Disaster Management Act of 2002, the
authority and / or district Head of the National Disaster Management Centre may delegate
municipality have to issue any of the powers assigned to it to the municipal Disaster
additional regulations? Management Centre. This is subject to limitations imposed by theNational Centre. Each case may need to be taken up with the
National Disaster Management Center.
41. How would we address All workers in essential businesses should continue working.
contract workers, such as
shaving/shearing teams or
harvesting teams?
42. Which secondary agricultural Only activities related to the production, processing and distribution
businesses are excluded from of food, animal feed, packaging for food and chemicals used in the
the restriction on movement? food and the harvesting and storage of primary agricultural produce
to prevent wastage, are allowed.
43. What is the possibility of Employers who can continue paying employees should do so.
claiming a portion of wages Please see the attached TERS guide for more information in cases
paid to workers who stay at where employers need assistance.
home during that time from
the state?
44. Is the production of animal In terms of the amended regulations, all primary agricultural goods
fibre, wool and mohair may be harvested and stored to avoid wastage. Government Gazette
considered as an essential no.: 43168 issued on 26 March 2020
service?
45. If employees refuse to work,
can the principle of no work no If employees do not want to come to work for fear of infection, then
pay be enforced? the circumstances of the workplace must be taken into account
before deciding on an appropriate reaction. If the refusal to work is
unreasonable, disciplinary action may be considered but disciplinary
steps should be a last resort and must be carefully considered before
implemented.46. Transportation of employees: The one-by-one rule will apply and stores will also apply crowd
specifications/guidelines / control (social distancing). The regulations are likely to provide
measures for the purchase of further clarity. For more clarity, refer to the retail sector regulations
e.g. food and household published on March 25, 2020. If the farmer himself provides transport
necessities? (private vehicle) may not carry more than 60% of the licensed
capacity and that all directions regarding hygienic conditions and the
restriction of exposure of persons to COVID-19 are complied with,
see Regulation 11C (4) of GNR. 446 Government Gazette, Number
43199 of 2 April 2020.
47. Transport of employees from Employers are likely to have to provide transportation. Please note
town to farm and back? the requirements for this as required by the Department of Transport.
If the farmer himself provides transport (private vehicle) may not carry
more than 60% of the licensed capacity and that all directions
regarding hygienic conditions and the restriction of exposure of
persons to COVID-19 are complied with, see Regulation 11C (4) of
GNR. 446 Government Gazette, Number 43199 of April 2, 2020
48. Transport of raw products Yes deemed as an essential service. Harvesting and storage
from farm to processing plant? activities essential to prevent the wastage of primary agricultural
goods Government Gazette no.: 43168 issued on 26 March 2020
49. List of agricultural related Government Gazette, No. 43147, Vol. 657 on 25 March 2020
activities excluded from outlines essential services and goods. The amended regulations
lockdown? provide for harvesting and storage activities essential to prevent the
wastage of primary agricultural goods see Government Gazette no.:
43168 issued on 26 March 2020
50. Can the drought relief program The drought program must continue as farmers depend on the
continue? donations to produce which is therefore an essential service.51. Will it be possible for citrus Yes, this is deemed an essential service. Ensure workplace hygiene
farmers to go ahead with their is in line with guidelines communicated by Agri SA.
harvesting process because
they need a large number of
seasonal labour?
52. Would migrant movement still There is no certainty on this matter. Agri SA is engaging government
be allowed, or must the staff to find a way forward.
be on lock-down on-farm?
53. Will livestock sales be There is no consensus on whether stock auctions can continue
permitted to continue? currently. The regulations are not clear on this. Agri SA is trying to
get clarity on this. Meanwhile, APAC has taken the view that this is
regarded as an essential service. They propose that sound
biosecurity principles should be installed at auctions and that. social
distances are maintained and no more than 50 people. If any
additional regulation comes into effect, it will be shared as soon as
possible.
54. Can trucks picking up labour A Permit to Perform Essential Services: A Regulation 11b (3) pro
continue and will the trucks forma is published in Government Gazette, No. 43147, Vol. 657 of
and the labourer’s have a March 25, 2020. Agri SA has developed a similar pro forma that can
permit to allow freedom of be used. If the farmer himself provides transport (private vehicle)
movement? may not carry more than 60% of the licensed capacity and that all
directions regarding hygienic conditions and the restriction of
exposure of persons to COVID-19 are complied with, see Regulation
11C (4) of GNR. 446 Government Gazette, number 43199 of 2 April
2020. See also letter by Agri SA dated 1 April 2020 setting out the
requirements for transport of workers.55. Export of Agricultural This is deemed an essential service and can continue. See
Products? regulation GNR. 453 Government Gazette, Number 43211 of 7 April
2020
56. What happens in the event A workplace in agriculture does not constitute a "gathering" and is
where a farm employs more exempt, however, hygiene measures need to be strict. There is no
than 100 people? point carrying on with business as usual until someone becomes ill,
we need to preach prevention.
57. Can institutions provide fuel, It may continue. However, they must have a Permit to Perform
seed and fertilizer to Essential Services.
producers?
58. Water shortages that are All reasonable practices concerning hygiene and sanitation should
affecting many towns in be employed. Where possible, hand sanitiser should be used.
Limpopo are causing
residents not to sanitise
59. Can we have a One of the categories of potential exemptions from property rates in
waiver/reduction of Property terms of section 15 of the Local Government Municipal Property
Rates? Rates Act of 2004 is owners of property situated within an area
affected by - (i) a disaster within the meaning of the Disaster
Management Act 2002 Act (ii). A process will, however, have to be
followed to get such exemptions – which will involve that they will
have to be negotiated at a local level with your municipality
60. What steps should be taken if The NICD should be notified, a person in isolation, list of persons
a worker working in a citrus with whom they have been in direct contact and consider placing
warehouse is tested positive those persons in isolation. It is very difficult, because the disease is
for COVID-19? contagious before symptoms start, and some people test positive
without any symptoms.61. Is there any assistance from Government has stepped up procurement of these items, but
the Government for hand remember that soap and water work perfectly, and masks have zero
sanitizer? protective effect against this virus, it simply prevents a person who
is already ill from coughing and sneezing on other people. This is
from the World Health Organisation: If you are healthy, you only
need to wear a mask if you are taking care of a person with the
suspected 2019-nCoV infection. Wear a mask if you are coughing or
sneezing. Masks are effective only when used in combination with
frequent hand-cleaning with alcohol-based hand rub or soap and
water. If you wear a mask, then you must know how to use it and
dispose of it properly.
62. 6 I am a sole proprietor and do This issue has been raised with the presidency and Agri SA is
5 not have an enterprise awaiting feedback. It is not compulsory to register as an essential
. number. Because of this, I service at this stage but if there is a financial benefit at a later stage
cannot register on the it might be beneficial.
BizPortal. As a sole proprietor
and a smaller scale farmer, this
lockdown will have a huge
financial impact on me, but
now I cannot use the possible
funding from BizPortal as I
don’t have this enterprise
number.
63. 6The capacity on A Permit to Perform Essential Services is required. This permit is in
6bakkies/trucks/other transport GNR 398 in Government Gazette, number 43148, Vol. 657
. that is reduced to 50% as well published on March 25, 2020. Refer to Regulation 11B (3), Form 1
as the allocated time has a in Appendix C. This pro forma document has been published by thehuge impact on Agriculture government and Agri SA has developed a similar pro forma that can production: Different packing also be used. shifts; the shift times do not Transport: Private institutions or businesses may make correspond with the allocated arrangements for the transportation of their workers who are times gazetted, meaning rendering essentials services as listed in Annexure B in line with the production is cut in half by only operating shifts, work time schedules as determined by the having 1 shift per day and this, responsible head of operations, Manager, Head of the Department of course, having an impact on or a person with responsible authority within such institution; and the food production and supply. (b) The operating shifts or work schedules or time table should be Some Agri Products are more stamped and signed by such person with authority as contemplated perishable, therefore need to in direction 6(6)(a) see GNR. 436 Government Gazette, No. 43186 be packed on the same day and of March 31, 2020. Private vehicles may not exceed 60% of licensed cannot stand over till the next capacity, and must observe all directions regarding hygienic morning. Packhouses need to conditions and limiting exposure to COVID-19. Regulation 11C (4) function a second shift from of the GNR. 446 Government Gazette, number 43199 of 2 April 16:00 to 23:00 at least. 2020, also see letter written by Agri SA on 1 April 2020 in this regard. Farmworkers work different times on different farms in the same day. They need to be transported from 1 farm to the next but will be stopped by the police as it doesn’t necessarily fall in the allocated time frames. When it is possible to move the farmworkers from one farm to the next in the allocated time, the problem is moving 1 or 2
people at a time as the capacity
allowance of a bakkie is 1
person.
64. What kind of transportation can Both, but subject to prescribed restrictions as published by the
be used? Private, Public or Department of Transport. See GNR. 436 Government Gazette,
company based? number 43186 of 31 March 2020 as well as a letter dated Agri SA
dated 1 April 2020.
65. 6 Can farm workers stay on the Yes, if they agree. We do not recommend that accommodation be
8 farm during the week provided now, due to ESTA implications.
. (isolation) and go home over
weekends?
66. 7 Will there be taxi transport Taxi services are available, however there are certain regulations in
1 available for our labourer to place, that allows the transportation of workers who performs
. buy food? We are 60km from essential services, only from 05h00 to 10h00 and from 16h00 to
the nearest town. We can take
20h00 (GNR.436, Government Gazette, number 43186 of March 31,
our workers home with a truck
if it is permissible. 2020). Private vehicles must not exceed 60% of its licensed capacity
and that all directions regarding hygienic conditions and the
restriction of exposure of persons to COVID-19 are complied with,
see Regulation 11C (4) of GNR. 446 Government Gazette, number
43199 of 2 April 2020 see also letter written by Agri SA on 1 April
2020 in this regard.
67. 7Will the small Spaza shops in Yes, grocery stores and spaza shops are considered essential
2the townships be allowed to services. Refer to Government Notice 43148 issued March 25, 2020.
. remain open? see also GNR. 446 Government Gazette, No. 43199 of 2 April 2020,
which also confirms that spaza shops may remain open during the
lockdown.68. Must special measures be No. Although face masks and gloves used by health care workers
applied for the disposal of used and environmental health service providers is treated as hazardous
face masks and gloves used by (medical) waste, masks and gloves used by farmworkers to protect
farmworkers? themselves from COVID-19 are regarded as personal protective
equipment (PPE) that can be disposed of as general waste. A
directive on PPE in workplaces by the Department of Labour is
awaited.
69. Can workers strike during this Yes, they are allowed to provided it is in compliance with the
lockdown period? provisions of the Labour Relations Act.
70. Can wine be exported during Yes regulation GNR. 453 Government Gazette, No. 43211 of 7 April
the lockdown? 2020 provides that wine and all fresh produce may be exported.
71. Can wool industry continue with Yes, it is regarded as an essential service for the storage and
daily operations? harvesting of agricultural products (refer to GNR 419 Government
Gazette, number 43168 of March 26, 2020 - Appendix B to the
regulations).
72. Can small aircrafts and Yes, it is regarded as an essential service in the agricultural sector.
helicopters continue with crop
spraying?
73. Moving wildlife between This is considered an essential service. It is currently working well
provinces? and there are no problems as confirmed by WRSA. Drivers must
always have the permit and identification at hand .
74. What happens if the first case See infographics made available by Agri SA. This is in line with the
of Covid-19 is reported on a guidelines published by the World Health Organization.
farm?
75. Can grocery stores and Yes, it is considered an essential service. Refer to GNR 399 in
wholesale product markets Government Gazette, number 43147 of March 25, 2020 (section
including spaza stores and 6.5.2 (a) (vi)) see also GNR. 446 Government Gazette, No. 43199 ofinformal dealers be authorised 2 April 2020 which further requires that the informal trader must
to provide services? obtain written permission from a municipal authority to trade.
76. Can abnormal loads transport Yes, according to regulation GNR. 453 Government Gazette, No.
products? 43211 of 7 April 2020 states that the issuing of permits for abnormal
vehicles carrying an abnormal load is an essential service.
Complied by:
Andrea Campher – Disaster Risk Manager
(C) 079 8872 174You can also read
