CRIMINAL OFFENCE FOR NOT WEARING A FACE MASK IN PUBLIC

On 1 February 2021 the Minister of Cooperative Governance and Traditional Affairs amended the Regulations in terms of Section 27(2) of the Disaster Management Act, Act 57 of 2002 (“the regulations”).

More notably under the regulations it is illegal not to wear a face mask in public and any person who fails to comply with or contravenes this provision of the regulations commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or both such fine and imprisonment.

Initially the regulations held that it would be a criminal offence when you fail to comply with a verbal instruction from an enforcement officer to wear a face mask. This was enforced by regulation 47(2).

Regulation 34(2) – Mandatory Protocols when in Public stipulates:

“The wearing of a face mask is mandatory for every person when in a public place,……, and any person who fails to comply with a verbal instruction by an enforcement officer to wear a face mask, commits an offence and is, on conviction, liable to a fine or a period of imprisonment not exceeding six months, or to both such fine and imprisonment. (own emphasise)”

However, regulation 47(2) was substituted by Regulation 10 of GNR 69 dated 1 February 2021 which now includes that the contravention of regulation 34(3) is a criminal offence.

Regulation 47(2) – Offences and Penalties stipulates:

For the purposes of this Chapter, any person who fails to comply with or contravenes a provision of regulations 33(1) and (3), 34(2), (3)……., ……… commits an offence and is, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.(own emphasise)”

Regulation 34(3) stipulates:

“No person will be allowed to—

a) use, operate, perform any service on any form of public transport;

b) enter or be in a building, place or premises, including government buildings, places or premises, used by the public to obtain goods or services; or

c) be in any public open space, if he or she is not wearing a face mask. (own emphasise)”

Notably regulation 34(3) set out mandatory protocols when in public, more specifically restrictions if you are not wearing a face mask. With the amendment of regulation 47(2), with the inclusion of regulation 34(3), it is now a direct criminal offence if you fail to wear a face mask in public and upon conviction, you will be liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

In conclusion it is imperative to note that an enforcement officer no longer have to furnish you with a verbal instruction to wear a face mask before it becomes a criminal offence. Not wearing a face mask in public is an immediate criminal offence and an enforcement officer may bring you before a competent court.