COVID-19 REGULATIONS: AREA CAN BE SEALED OFF

MBABANE – Sealing off a geographical area where COVID-19 infected persons have been confirmed, is one of the containment measures to prevent the spread of the virus.

This is according to the Coronavirus (COVID-19) Regulations of 2020 which are part of the Disaster Management Act of 2006, which were approved by Parliament last Friday. 
It is contained in Section 11 of the regulations, under the measures for defined geographic area, that; “Where cases of COVID- 19 are reported from a defined geographic area, the senior medical officer-public health in conjunction with the approval of National Emergency Management Task Force on coronavirus, shall take containment measures to prevent the spread of the disease, which include- sealing off that geographical area.”

Further, it was stated that banning entry and exit of population from the containment area and closure of schools, offices and banning public gatherings was another control measure. The regulations stipulate that banning of vehicular movement in the area and initiating active and passive surveillance of COVID-19 cases would be another measure.

In addition, isolation of all suspected cases and designating any building as a containment unit for isolation of the cases was highlighted. 

  
Confirmed

Meanwhile, Section 12, Subsection 1 of the regulations state that a person who has been clinically, or by a laboratory, confirmed as having COVID-19, or who is suspected of having contracted the virus, or has been in contact with a person who is a carrier of it or a contact person, shall be submitted to medical examination, treatment, isolation or quarantine as the case may be.

Subsection 2 highlights that a person referred to under Sub-regulation Subsection 1 shall not refuse consent to an enforcement officer for submission of that person to a medical examination, including but not limited to the taking of any bodily sample by a person authorised in law to do so.
Also, the admission of that person to a health establishment or a quarantine or isolation site was articulated. Last but not least, submission of that person to mandatory treatment, isolation or quarantine or isolation in order to prevent transmission was mentioned.   

It was reiterated that a person who contravenes Sub-regulation (2) or fails to comply with an instruction or order of an enforcement officer shall be placed in isolation or quarantine for a period of 48 hours, as the case may be, pending a warrant being issued by magistrate, on application by an enforcement officer for the medical examination contemplated in sub regulation (1).

According to Subsection 4, a warrant contemplated in sub-regulation (1) may be issued by a magistrate, if it appears from information on oath or affirmation by an enforcement officer that a person is confirmed as having been infected with COVID- 19.

Enforcement

Further, it was elucidated that an enforcement officer who is on reasonable grounds suspected of having contracted the virus or who has been in contact with, or on reasonable grounds suspected to have been in contact with a person who is a carrier or infected with it.

Subsection 5 highlights that the warrant may impose restrictions on the powers of the enforcement officer as the magistrate may deem necessary. A warrant issued in terms of this regulation remains in force until it is executed, as per Subsection 6 of the regulations. It further states that if it is cancelled by the person who issued it or, if such person is not available, by any person with like authority.

Furthermore, the expiry of 60 days from the date of its issue or the purpose for the issuing of the warrant has lapsed, whichever occurs first. It was also articulated that a person shall not be entitled to compensation for any loss or damage arising out of any action or omission made in good faith by an enforcement officer under this regulation.

It was echoed that places of quarantine were to be identified by the Ministry of Health and stakeholders.
“The Minister of Health shall identify and make available sites to be used as isolation and quarantine facilities, including facilities at the ports of entry,” reads part of the regulations.

It was further articulated that the members of the Pandemic Task Force in the Ministry of Health shall identify and make available sites to be used as isolation and quarantine facilities within each region, as the need arises. All isolation, separation and quarantine facilities were said to be fumigated by the Health Ministry from time to time.     

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