Legal updates and opinions
News / News
National Health Act update
National Health Act 61 of 2003
The Minister of Health (“the Minister“) published, for public comment various regulations in terms of the National Health Act 61 of 2003 (“NHA“) on 15 March 2022. The closing date for the submission of public comment is 14 April 2022 (“NHA Regulations“).
Portions of the NHA Regulations are similar to the regulations under the Disaster Management Act 57 of 2002 (“DMA“). The NHA Regulations include the Regulations Relating to the Surveillance and the Control of Notifiable Medical Conditions (“Surveillance Regulation“). The Surveillance Regulation contains amongst others, certain provisions that are relevant to employers.
We highlight said provisions below.
General Measures to Contain the Spread of Notifiable Medical Conditions that can Spread through Droplets or Aerosol
The Surveillance Regulation requires that every business premises, including but not limited to a supermarket, shop, grocery store, retail store, wholesale produce market or pharmacy adopt measures to promote physical distancing of employees which includes:
- Allowing employees to work at home if necessary or minimizing physical presence at work where necessary;
- Persons queuing inside or outside premises should maintain a one-meter distance from one another;
- The provision of adequate workspace; and
- Restrictions on face-to-face meetings.
Control Measures for Public Spaces
The Surveillance Regulation provides that for events hosted in public spaces by private entities, government departments, or municipalities the following obligations must be observed:
- The appointment of a compliance officer to ensure the maintenance of hygiene conditions
- Ensure that public spaces are cleaned and disinfected
- Enable the practice of physical distancing.
Gatherings
The Surveillance Regulation provides, amongst others, that:
- Indoor gathering attendance should be limited to 1000 persons and outdoor attendance to 2000 persons where gatherings are held without proof of vaccination
- Provision should be made for sanitisers at all entrances to promote hygiene
- Every person attending a gathering is required to wear a face mask and adhere to health protocols.
- Social distancing for both indoor and outdoor gatherings is to be observed and the enforcement of mask-wearing for indoor gatherings has been maintained
Read more about mandatory vaccinations after the state of emergency is lifted.
by Jacques van Wyk, Director, Andre van Heerden, Senior Associate, and Danelle Plaatjies, Candidate Attorney
Latest News
Defamation in Labour Law – Manqele V Baloyi Masango Inc Attorneys and Others (896/2023) [2025] Zampmbhc 75 (12 August 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate It is not unusual for employers to appoint a law firm [...]
Voluntary liquidations: A cost effective and efficient method of conducting a corporate clean-up, and for ending the existence of dormant companies
by Brendan Olivier Quite understandably, the word 'liquidation' can send shivers down the spine, and cause a company director to [...]
Substance dependence in the workplace- misconduct or incapacity?
by Bradley Workman-Davies - Director, Nasheetah Smith - Senior Associate & Isabella Keeves - Candidate Attorney One of the challenges [...]
Cutting the baby in half – when equality meets reality: Paid maternity leave after Van Wyk v Minister of Employment and Labour
by Bradley Workman-Davies, Director and Kerry Fredericks, Director The Constitutional Court's recent judgment in Van Wyk and Others v Minister [...]
SME cashflow threats: when liquidation strikes a supplier or customer
by Brendan Olivier An SME that permits its customers and suppliers to trade with it on credit terms, does so [...]
Global developments in gambling, betting and e-sports regulation: Lessons for South Africa
by Tebogo Sibidla, Director Like many other sectors of the economy that rely on technology, online gambling, gaming and betting [...]
