Keegan Leech LOCKDOWN CHECK: Do South Africans need ‘proof’ of reason when they leave home under lockdown?

South Africans have been told to stay home for 21 days to fight the spread of Covid-19. Do they need to provide ‘proof’ when they venture out for groceries or medical care?

South African president Cyril Ramaphosa announced a 21-day lockdown on 23 March 2020. All South Africans were instructed to stay at home, except for “essential personnel” or “under strictly controlled circumstances, such as to seek medical care, buy food, medicine and other supplies or collect a social grant”. 

The lockdown is intended to fight the spread of Covid-19, and is meant to last from 27 March to 16 April. 

On the first day of the lockdown, state broadcaster SABC reported from central Cape Town, the country’s second-largest city on the southwestern coast. 

In the broadcast, reporter Mariska Botha said: “We are at a point where the [police] and the army, supported by the City of Cape Town Metro Police, are stopping vehicles to check if everybody has the necessary documentation to be able to move around the city.” . 

City councillor JP Smith told the SABC that South Africans risked arrest for leaving the house without “demonstrable proof or evidence” that they were grocery shopping or attending to a medical emergency. 

What counts as “demonstrable proof” or “necessary documentation”? And is this proof required by law?

Widely shared form not from South Africa, but Cyprus

Before the lockdown began, South African social media users started sharing a “declaration of citizen’s movement” form, supposedly required by anyone leaving their home. 

It is a real legal document but it doesn’t apply in South Africa. It is intended for residents of the Republic of Cyprus, an island country in the eastern Mediterranean Sea. The island has enforced its own lockdown to stop the spread of Covid-19, to last until 13 April.

The Cypriot government has published two “confirmation of movement” forms.

The first form is for use by Cypriots performing essential services. South Africa has an equivalent form. It is in annexure C of the Disaster Management Act, which describes South Africa’s lockdown regulations.

The second form from Cyprus, intended for private citizens, has been incorrectly shared in South Africa. People in South Africa do not need to sign or carry a form when outside their homes. 

Official regulations vague

Africa Check asked Neil Kirby, head of healthcare and life sciences law at Werksmans Attorneys in Johannesburg if the lockdown regulations require citizens to carry proof that they are leaving the house for a valid reason.

The answer is complicated and South Africa’s official regulations are vague. 

“No reference is made to proof or how to prove that one has had to leave one’s residence,” he told us over email. “There is no standard in the regulations as to what could be considered proof in this scenario”. 

Rather, the act’s wording seems to allow officials to judge for themselves, on a case-by-case basis, whether a person has left their home legally. 

Interpretations vary

The vagueness of these regulations has confused more than just social media users. Officials appear to be interpreting the regulations differently too. 

When Africa Check reached out to Cape Town councillor JP Smith, he said: “At the back of the regulations there’s this form that you must fill in, in order to move about”. But the form he sent to us was the Cypriot form. He said it was forwarded to him by other officials.

We contacted Cape Town police stations to ask how they were interpreting the regulations.

In the inner-city suburb of Woodstock, Sgt Booi told us that only people performing an essential service needed a specific form.

At Cape Town Central police station, Const Mphithi said that while no official documentation was needed, police were still asking citizens to show some evidence of where they were travelling to. He gave examples of a bank card for purchasing essential goods or an SMS to confirm a medical appointment.

Mphithi told Africa Check that a person could be arrested for breaking lockdown regulations if they did not have sufficient evidence. But unless police felt that an offender was “somehow disrespectful”, Mphithi said that police would likely fine themR1,500, rather than arrest them. 

(Note: Africa Check asked the police stations for the officers’ first names but were declined.)

‘This is based on trust’

South African Police Services spokesperson Vish Naidoo told Africa Check: “This is based on trust, but if the police find that a person has lied, then such person will be charged.” 

To avoid confrontations with law enforcement officers, he advised South Africans to stay home as much as possible and pay attention to communications from government officials.

Neil Kirby of Werksmans Attorneys advised South Africans to follow communications from the Department of Co-Operative Governance and Traditional Affairs, responsible for putting in place the regulations. At the moment “matters will have to be determined on a case-by-case basis”.

To sum up: South Africans don’t need to carry a form unless employed to provide an essential service. But a police officer needs to be satisfied with the reason given for leaving the house. This leaves room for interpretation, and South Africans are advised to stay at home unless strictly necessary.

© Copyright Africa Check 2020. Read our republishing guidelines. You may reproduce this piece or content from it for the purpose of reporting and/or discussing news and current events. This is subject to: Crediting Africa Check in the byline, keeping all hyperlinks to the sources used and adding this sentence at the end of your publication: “This report was written by Africa Check, a non-partisan fact-checking organisation. View the original piece on their website", with a link back to this page.

Comment on this report

Comments 9
  1. By E N Schneider

    I have downloaded an official document stating the various restrictions imposed published in the government gazette and also scanned the whole of the restrictions listed on the sacoronavirus website, and two things stand out as far as I’m concerned: Nowhere could I find anything that specifically states that one has to be alone in the car and that one cannot walk to the shops.All the documents say in this context is that one can only leave your home for the stated reasons. I have also heard stories of people being arrested for being outside their houses, but in their own gardens. I hope this is only a rumour.

    +9
    -4
    vote
    Reply Report comment
  2. By Segran Naicker

    I have just this morning received 3 calls from different insurers.
    These are firstly unsolicited, and most importantly obviously from call centres where social distancing is impossible and these salespeople are obviously vulnerable and probably at risk of spreading the virus

    +7
    -2
    vote
    Reply Report comment
  3. By Shawn Reed

    I am on holiday from before lockdown started in Marloth Park o. Need to travel back to gauteng with wife and 4 year old. Need to get chronic medication and cannot afford more accommodation. Please assist in my rights to travel have forwarded documentation received from police station to presidency. Only acknowledged receipt. Please assist have got proof of residence and chronic medication confirmation.

    +16
    -18
    vote
    Reply Report comment
  4. By Matthew

    How do I travel from one province to the other, my work cant afford to pay for me anymore and I need to get back home and I work on a farm and its 300kms away from where I live, how do I travel back home

    +26
    -35
    vote
    Reply Report comment
  5. By C Van Aswegen

    i normally see my children every second weekend, so since the lockdown I don’t see my kids and I struggle to get a permit I staying in gauteng and they in Mpumalanga what can I do to get a permit

    0
    -2
    vote
    Reply Report comment
  6. By Carol Livingstone

    How can I get permission to travel from Pretoria, where I’ve been under lockdown, to go home to sasolburg where I live alone? I am stranded with nothing but 2 sets of summer clothing which are going to pieces and can’t buy something warm to wear. Plz help

    0
    -4
    vote
    Reply Report comment

Leave a Reply

Your email address will not be published. Required fields are marked *

*

Africa Check encourages frank, open, inclusive discussion of the topics raised on the website. To ensure the discussion meets these aims we have established some simple House Rules for contributions. Any contributions that violate the rules may be removed by the moderator.

Contributions must:

  • Relate to the topic of the report or post
  • Be written mainly in English

Contributions may not:

  • Contain defamatory, obscene, abusive, threatening or harassing language or material;
  • Encourage or constitute conduct which is unlawful;
  • Contain material in respect of which another party holds the rights, where such rights have not be cleared by you;
  • Contain personal information about you or others that might put anyone at risk;
  • Contain unsuitable URLs;
  • Constitute junk mail or unauthorised advertising;
  • Be submitted repeatedly as comments on the same report or post;

By making any contribution you agree that, in addition to these House Rules, you shall be bound by Africa Check's Terms and Conditions of use which can be accessed on the website.

*

This site uses Akismet to reduce spam. Learn how your comment data is processed.