Public Health (COVID-19) Regulations, 2020 (L.N. No. 38 of 2020)

2. Unless the conte xt other wise requi res - tmen t, Gove rnme nt Agency, "insti tution " includes a Gove rnme nt depar work ing in collaboration with the Non- Gove rnme ntal Orga nisati on ding essen tial good s and servi ces and a care facil- Gove rnme nt in provi ity centr e for the vulne rable group s; ment of perso ns durin g the "lock down " mean s the restriction of move , being the period from period for which these regulations apply the 5th May, 2020 ; and the 22nd April , 2020 to place and surro undin g yard. "plac e of resid ence" includes the dwell ing of COV ID-1 9 Prev entio n of introduction and spread tho durin g the period

3. (J) No pers~ns are allow ed into or out of Leso of lockd own. all borde rs of Leso tho (2) For the purpo ses of subre gulat ion (I), nated point s of entry - shall be closed excep t the following desig 283 (a) Caledonspoort (Butha-Buthe); (b) Maseru bridge; (c) Moshoeshoe I International Airpo11; (d) Yanrooyens Gate (Mafeteng); (e) Maputsoe bridge; and (f) Qacha's Nck bridge, which shall be open for the purposes of the conveyance of essential goods and ser,ices. (3) Notwithstanding subregulation (I), the Minister responsible for home affairs, or a person designated by him. may allow a person to - (a) enter or leave Lesotho to provide or receive emergency medical services for a life-threatening condition: or (b) enter Lesotho to provide spcciali1.ed consultancy services at the invitation of the Government of Lesotho. (4) A foreign tourist who arrived in Lesotho prior to the lockdown shall remain at his place of temporary residence for the duration of the lockdown and may be subjected to screening for COYID-19 and quarantined or isolated, if determined necessary by a health officer, at his own cost. (5) For the period of lockdown, every person shall be confined to his place of residence, unless the person has to leave the residence to provide or acquire an essential service or good, as set out in Schedule I or to attend a fu- neral. (6) All businesses and other entities shall cease operations during the lockdown period except for any business or entity involved in the manufac- turing, supply or provision of essential goods and services. (7) All places and premises not involved in the provision of essential goods or services as set out in Schedule I shall remain closed to all persons for 284 the duration of the lockdown. (8) Shopping malls shall be closed, except where essential goods are sold. (9) A person in control of an institution, business or enterprise where essential goods are sold or essential services are supplied shall - (a) ensure that the institution, business or enterprise has put in place controls to ensure that persons and customers within the institution, business, enterprise keep a distance of at least one meter from each other; (b) ensure that - (i) all directions in respect of hygienic conditions and the prevention of exposure of persons to COVID-19 are adhered to; and (ii) where appropriate, an employee wears protective gloves and surgical mask or N95 mask to prevent the spread ofCOVID-19; (c) limit the number of people entering the business to prevent the spread of COVID-19; and (d) maintain prices as they were prior to the lockdown. ( l 0) A business or enterprise selling essential goods shall not sell any other goods except those provided for in Schedule I. ( 11) During the lock down period the head of an institution or owner or manager of a business or enterprise shall - (a) determine essential services to be performed by his institution, business or enterprise; (b) determine the essential staff who shall perform those services; and r 285 (c) submit a list of essential services and essential staff to the head coordinator of the National Emergency Command Center COYID-19 for onward transmission to the Commander of the Lesotho Defence Force and the Commission er of Police. ( 12) Persons performing essential services shall be duly designated, in writing, by the head of an institution or owner or manager of a business or enterprise, and shall carry the letter of designation, passport or national identity card on them at all times. ( 13) The letter of designation shall be on a duly stamped letter head and shall contain the following information - (a) names and surname; (b) passport or national identification card; (c) contact details including cellular number, work and home telephone numbers and email address; (d) physical address of employee and of institution, business or enterprise; (e) name and contact of head of institution or owner or manager of a business or enterprise. ( 14) Where there is no letter head or date stamp the head of the insti- tution or owner or manager of the business or enterprise shall obtain a letter from the Chief or Headman certifying the existence of such an institution, business or enterprise. ( 15) No night vigil shall be held at a funeral. ( 16) All gatherings are prohibited, except a funeral services of not more fifty people, and a person holding the funeral shall ensure that all safety measures are strictly adhered to. ( 17) All visits by members of the public to - 286 (a) isolation and quarantine facilities; (b) hospitals; (c) Ministry of Social Development facilities, including child and youth care centres, shelters and treatment facilities; (d) correctional centres; (e) holding cells; and (f) military detention facilities , are suspended for the duration of the lockdown. Restrictions on transport

4. ( 1) All public and private transport is restricted except bus services, taxi services, air passenger transport and private motor vehicle for purposes of - (a) rendering and obtaining essential services and goods; (b) seeking medical attention; (c) funeral services; and (d) receiving payment of grants. (2) A person in control of a vehicle ex.empted under subregulation ( 1) shall - (a) ensure that - (i) in the case of a 4+ I vehicle, the vehichle shall carry 3 passengers; (ii) in the case of a 15 seater taxi , the vehicle shall carry 9 passengers; 287 (iii) in the case of the 22 seater sprinter, the vehicle shall carry 13 passengers; (iv) in the case of the 65 seater bus, the vehicle shall carry 35 passengers; (v) in the case of a private vehicle, the vehicle shall carry strictly one passenger, who shall be seated behind the front passenger seat; (iv) all safe measures in respect of hygienic conditions and the limitations of exposure of persons to COVID- 19, are adhered to; and (b) provide hand sanitiser for a passenger. (3) Where a person rendering essential services is unable to travel to and from his place of employment, the employer shall make the necessary transport arrangements. Operating hours for enterprises and businesses offering essential goods

5. Operating hours for enterprises and businesses which offer essential goods shall be as set out in Schedule Ill. Total ban on purchase, sale, distribution or transportation of liquor

6. (I) All premises selling liquor as set out in Schedule II shall be closed during the period of lockdown. (2) No person shall purchase, sell, distribute or transport liquor dur- ing the period of lockdown. (3) A person who contranvenes subregulation (2) shall be liable, on conviction, to a penalty set out in regulation 11. Medical screening and testing

7. (I) A person allowed to enter the country during the period of lock- down shall be subjected to a screening process at the designated point of entry. 288 (2) Screeni ng shall be done on people who had travelle d to affected general public. countrie s, contact s of infected people and random ly to the case (3) Any health personn el who has been exposed to a confirm ed of COVI0 -19 shall be subjecte d to testing and self-iso lation. serv- (4) All persons providin g essentia l services , obtainin g essentia l within Lesotho . may be subjecte d to screenin g ices or seeking medical attentio n for COVI0 -19 by an enforce ment officer. - (5) A person who enters the country conveyi ng essential goods ,hall (a) be subjecte d to screenin g; (b) wear a protecti ve surgical or N95 mask; and (c) adhere to hygieni c conditio ns to prevent the spread of COVI0 -19. Quarantine shall

8. (I) A person who is identifie d with sympto ms of COVID -19 as such under sub- be subjecte d to compul sory quarant ine at a place designa ted regulati on (5). (2) Any person other than a foreign tourist coming from an affected d to self-qua r- country with no sign or sympto m of COVI0 -19 shall be subjecte for a period of 14 days with health personn el monitor ing his health status antine and shall observe self-qua rantine protoco ls. of a (3) A health personn el who is exposed to a confirm ed case d to self-qua rantine for a period of 14 days COVID -19 patient shall be subjecte under close monitor ing. ed (4) For the period of lockdow n, a person refusing to be evacuat any place subject to lockdow n may be remove d by an enforce ment officer from ation of life. to a tempora ry shelter, if such action is necessa ry for the preserv (5) For the purpose s of these regulati ons, the Ministe r shall identify ,,.mnnr: irv <hPhPr~ or sites for auarant ine and self-iso lation that meet the neces- 289 sary hygienic standards, for people who cannot isolate or quarantine in their place of residence. Authority to issue directives

9. The Minister may issue directives to address, prevent and combat the spread of COVID-19 in any area of Lesotho, which directives may include - (a) recruitment and training of human resources in respect of health; (b) deployment of human resources in respect of health services; (c) sourcing of human resources from retired health professionals and non-governmental organisations to render services in identified sites; (d) identification of health equipment, sanitation materials and medical supplies; (e) identification of mortuaries that will accommodate all COYID-19 mortal remains; and (f) disposal of COVID-19 mortal remains. Offences and penalties

10. (1) A business which contravenes regulations 3(6), (7) and (9)(a), (b) and (c), 5 and 6( I) commits an offence and is liable, on conviction, to a fine not exceeding 10,000 Maloti. (2) In addition to the penalty set out in subregulation (l ), a person who contravenes regulation 3(9)(d) shall have his license suspended for the pe- riod of the lockdown. (3) A person who fails to confine himself in accordance with sub- regulation 3(15) commits an offence and is liable, on conviction, to a fine not exceeding 5,000 Maloti or to imprisonment for a period not exceeding one month. 290 (4) A person who fails to comply with regulation 4 commits an of- fence and is liable, on conviction, to a fine not exceeding 10,000 Maloti or im- prisonment for a period not exceeding two months or both. (5) A person who tests positive but refuses to be quarantined under regulation 8 commits an offence and is liable, on conviction, to a fine not ex- ceeding 20,000.00 Maloti or compulsory quarantine. (6) No person shall publish or spread fake or false information. (7) Any person who contravenes subregulation (6) commits an of- fence and is liable, on conviction, to a fine not exceeding 5,000 Maloti or to im- prisonment for a period not exceeding one month or both. General penalty

11 . The pcnalty for an offence where no penalty is provided for shall be a fine not exceeding 5,000 Maloti or imprisonment for a period not exceeding one month or both. Loss or damage

12. No person is entitled to compensation for any loss or damage arising out of any bona jille action or omission by an enforcement officer under these reg- ulations . Powers and indemnity I3. These regulations do not limit any powers or indemnities of security services provided for in any law. Declaration of COVID-19 National Emergency Command Centre

14. For the purposes of strategic command and coordmation of the activities in respect of COVID-19 pandemic, 'Manthabiseng Convention Centre is de- clared the National Emergency Command Centre COVID-19. Repeal 2

15. The Public Health (COVID-19) Regulations, 2020 arc repealed. 291 DATED: NKAKUKABI MINISTER OF HEALTH NOTE l. Act No . 12 of 1970

2. L.N. No. 30 of 2020 as amended 292

SCHEDULE I (regulation 3(5)) A. ESSENTIAL GOODS I. Food (a) Any food product, including non-alcoholic beverages, but excluding fast food and deli; (b) Animal food; and (c) Chemicals, Packaging and ancillary products used in the production of any food product. 2. Cleaning and hygiene products (a) Toilet Paper, sanitary pads, sanitary tampons, condoms; (b) hand sanitisers, disinfectants , soap, alcohol for industrial use, household cleaning products and personal protective equipment; and (c) chemicals, packaging and ancillary products used in the production of any of the above. 3. Medical (a) Medical and hospital supplies, equipment and personal protective equipment; and (b) chemicals, packaging, ancillary products used in the production of the above. 4. Fuel, including coal and gas 5. Basic goods including electricity and water. B. ESSENTIAL SERVICES I. Medical , health, laboratory, and medical services; 2. Disaster management, fire prevention, firefighting and emergency services; 3. Financial services necessary to maintain the functioning of the banking 293 and payments environment and insurance services; 4. Production and sale of goods listed in category A above; 5. Supermarkets and related stores; 6. Electricity, water, gas, fuel supplies; 7. Essential government services; 8. Death certificates; 9. Funeral services including mortuaries; 10. Veterinary services; 11. Newspaper, broadcasting and telecommunication services; 12. Production and sale of any chemicals, hygiene products. and medical products; 13. Cleaning, sanitation, sewage and waste collection services; 14. Services related to the functioning of courts.judicial officers, the master of the High Court, sheriffs, and legal practitioners required for those services; 15. Essential Lesotho revenue services as defined by the Commissioner General; 16. Police, peace officer, traffic officer, military medical personnel, soldiers and correctional services; 17. Postal services and courier services related to transport of medical products; 18. Private security services; 19. Civil aviation services; 20. Services rendered by the Executive and Parliament; 21. Essential agricultural services, including shearing sheds; 22. Local Government; 23. Diamond mine, which shall operate fully subject to COVID-19 health and safety guidelines; 24. Non-Governmental Organisation which provides essential goods and services; 25. Hardware; 26. Vehicle spares, tyres, repairs and service shops; 27. Baby and toddler clothing shops; 28. Small scale building and construction; and 29. Street vendors providing essential goods and services. 294

SCHEDULE II (regulation 3) PLACES CLOSED TO THE PUBLIC J. Any place or premises normally open to the public where religious, cultural, sporting, ente11ainment, recreational, exhibitional, organisational or similar activities. 2. Any place or premises normally open to the public where goods other than essential goods are procured, acquired, disposed of or sold. 3. Any place or premises normally open to the public such as - (a) Public parks and swimming pools; (b) Flea markets; (c) Open air food markets; (d) Night clubs; (e) Casinos; (f) Hotels, lodges and guest houses , restaurants, self-catering, bed and breakfast, youth hostel, resol1, motel, catering, campsite, except to the extent that they are required for remaining tourists confined to hotels, lodges and guests houses; (g) Taxi ranks and bus ranks except for the purposes excempted under regulation 4( l) (h) Hotel liquor, club, service canteen, discotheque, motel liquor, night-club, lodge liquor, guest house liquor, public bar, restaurant liquor, casino liquor, taverns, shebeens, shisanyama where liquor is sold; (i) Off-consumption premises, including bottle stores, where liquor is sold; (j) Off-consumption areas in supermarkets where liquor is sold; (k) Shopping malls and centres (excluding grocery stores, baby and toddler clothing shops and pharmacies) 295

SCHEDULE Ill OPERATING HOURS OF BUSINESS (regulation 5) The following businesses and enterprises are authorised to carry on business during weekdays, including Saturdays between the following hotirs, but all busi- nesses and enterprises which operate from 8am to 2pm shall remain closed on Sundays and public holidays: Types of Business Trading Hours I. Pharmacy/Chemist 24 hrs 2. Petrol dealer 24 hrs 3. Funeral undertaker/Mortuary 24 hrs 4. Food and medicine manufacturing company 24 hrs 5. Commercial bank 8am to 3pm 6. General Cafe 8am to 2pm 7. Supermakert 8am to 2pm 8. Mini-Supermarket 8am to 2pm 9. Specialised dealer in animal foods/farm feeds 8am to 2pm 10. Wholesaler 8am to 2pm 11. Wholesaler-Meat 8am to 2pm 12. Transport (a) International Route, Air, Freight Transport and logistics; 24 hrs (b) Road, Freight and logistics; and 24 hrs (c) Public Transport 8am to 4pm 13. Warehouse activities (distribution centres) 8am to 4pm 14. Domestic fuel dealer 8am to2pm 15. Bakery 8am to 2pm 16. Butcher 8am to 2pm 17. Greengrocer 8am to2pm 18. Specialised dealer in pre-packing of grains 8am to 2pm 19. Dairy shop 8am to 2pm 20. Hardware 8am to 2pm 21. Vehicle spares, tyres, repairs and service shops 8am to 2pm 22. Baby and toddler clothing shops 8am to 2pm 23. Small scale building and construction 8am to 5pm 296 24. Street vendors providing essentials 8am to 2pm goods and services 25. Shearing sheds 7am to 5pm * Businesses and enterprises covered include those that operate in the areas of production and manufacturing, selling and provision of specialised services except for food and medicine manufacturing companies * All other businesses shall remain closed until a notice to the contrary is made Printed by the Governmclll Printer. P.O. Box 268, Maseru JOO Lcsmho