The National Department of Health has made amendments to the National Health Act to ensure government is equipped to control and manage the resurgence of COVID-19.

Minister of Health, Joe Phaahla, confirmed that a number of regulations from the disaster management act will be permanently added. Changes have also been made to the Surveillance and Control of Notifiable Diseases and Medical Conditions to include the coronavirus.

Foster Mohale, health department spokesperson, said that South Africans can feel at ease knowing that the government has a plan to manage future pandemics. The amended act means that the State of Disaster Act won’t be needed.

Other conditions included under the notifiable medical conditions (NMC) are Listeriosis and Ebola. 

Sharing of COVID-19 advice

Phaahla added: “In order to contain the spread of NMCs, advice may be shared among the relevant Cabinet members and departments with regard to the following:

• Curfew
• Gatherings
• Sport activities and social festivities
• Operations in the economy
• Public transportation
• Religious and cultural practices
• School opening and closure
• Sale and dispensing and consumption of alcohol
• Lockdown of locality or the country

Below are some answers to frequently asked questions about the Health Act amendments.

Does mandatory treatment include vaccination?

Mohale dubbed the concern about mandatory treatment including vaccination as “fake news that should be ignored”.

However, the insertion of regulation 15A in the draft amendment states that: “Any person with a confirmed or suspected case of a notifiable medical condition may not refuse to submit to mandatory prophylaxis, treatment, isolation or quarantine in order to prevent transmission.”

In addition, those who have a confirmed case of a NMC may not refuse to submit to a medical examination, including but not limited to, having any bodily sample taken which may be authorised by any law, and being admitted to a health establishment or isolation or quarantine site. 

It is unclear what a “suspected case” of a NMC means.

Mohale said that the concern about injury after receiving treatment deemed mandatory by the government, should be eased by the  compensation scheme for COVID-19 vaccine injuries. This has been allocated R250 million and will remain in place after the transitional 30 days. 

https://twitter.com/WendyP_Arendse/status/1511057898461351937

Do we still have to wear masks?

The insertion of regulations 16A to 16M refers to the general measures to contain the spread of NMCs through droplets or aerosol. 

The amendments states that: “A person must, when in a gathering in an indoor public place, wear a face mask that covers his or her nose and mouth. No person may be allowed to use any form of public transport, or enter public premises, if they do not wear a face mask in an indoor public place.” 

Employers are also required to take steps at ensuring that employees are still practising the COVID-19 safety regulations.

The amendments note that employers must provide employees with a cloth or shield face mask. They must also adopt measures to promote physical distancing by providing adequate work space and enable employees to work from home where necessary.

“We continue to receive enquiries about the fate of face masks and PCR tests. We would like to reiterate that all these will be contained in the final health regulations,” said Phaahla.

Will non-compliance result in imprisonment?

Mohale said that imprisonment for non-compliance will be the last resort.

Individuals who are confirmed cases, carriers, or contacts of a NMC and who refuse to voluntarily consent to a medical examination by a qualified health care provider, may be compelled through a warrant issued by the court to be subjected to any of these processes. – Health-e News 

Read the amendments here: file:///Users/health-e3/Downloads/Medical.pdf