In support of the design sector the IID would like to provide come clarity about what industry specific activity is permitted during Alert Level 3 of the lockdown.
While we do this it is important to understand that the regulations are constantly being changed and amended so this information will only be current as of 1st June, 2020. The level 3 lockdown alert condition came into force on the 1st June, 2020 but subsequent court challenge to The Disaster Management Act in the Pretoria High Court yesterday has consequently found that Lockdown Alert Levels 3 and 4 are unconstitutional by Judge Norman Davis. This however does not impact on the present regulations issued by the Minister of Cooperative Governance or alert level 3, or in any way suspend them until otherwise advised. ALERT LEVEL 3 IS STILL IN FORCE. This court ruling will be subject to further legal deliberation, which is required to occur over the next 14 days.
You may access the Government Portal which is constantly updated as regulations are issued and amended here: https://sacoronavirus.co.za/covid-19-risk-adjusted-strategy/
The present legislation relating to Alert Level 3 is available here:https://sacoronavirus.co.za/2020/05/28/summary-of-level-3-regulations/
The legal interpretation we have received is that designers, architects and related professions are adequately classified as “Professional Services” and as such are permitted to operate within the limitations set out specific to Alert Level 3. It is important to stress however that this does not include your service providers or other industry aligned trades which might be classified otherwise, so please consider that with regard to any business decisions you might make at this time.
- All businesses and individuals falling within the professional services sector should only return to their place of employment if working from home is not an option; and
- Returning to work should only commence if the services these businesses or individuals provide are essential and in support of Alert Level 3 services. If not, they should continue to work from home and abide by the regulations put in place.
The most impactful divergence alert level 3 presents to the design sector is that Commercial Building Projects are permitted to recommence under the new regulations issued under the section impacting construction and related services including tradespeople.
Strictly speaking, it is safe to say you should take every possible precaution you can.
We hope this provides some clarity, and encourage you to be as innovative and resourceful as possible in keeping your employees and businesses protected and operational