Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 (S.I. No. 83 of 2020)

12. Prohibition of hoarding of medical supplies needed to combat COVID-19 and other offences. Supplement to the Zimbabwean Government Gazette Extraordinary dated the 28th March, 2020. 13. Local authorities to make land or premises available for isolation Printed by the Government Printer, Harare. and quarantine. 454 439 DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 Section (5) A magistrate or justice of the peace may issue a warrant contemplated in subsection (4) if it appears to him or her on oath or

14. False reporting during national lockdown affirmation by an enforcement officer that any person is reasonably THE Minister of Health, in terms of section 8(1) of the Public suspected of hoarding medical supplies needed to combat COVID-19. Health (COVID-19 Prevention, Containment and Treatment) (6) Any person taking advantage of the national lockdown to Regulations, 2020 (published as Statutory Instrument 77 of 2020), profiteer, or raise prices of goods or services or rents, shall be subject and in consultation with the President, makes the following order:— to the penalties prescribed by law for contravention of the appropriate statutory provisions. PART I PRELIMINARY Local authorities to make land or premises available for isolation and quarantine Title 13. By written order addressed to any local authority the Minister

1. This order may be cited as the Public Health (COVID-19 may require such local authority to set aside and make available during Prevention, Containment and Treatment) (National Lockdown) Order, the period of national lockdown any land or premises adequate for the 2020. quarantine or isolations of more than fifty (50) persons at a time who are infected with or suspected of being infected with COVID-19, and Interpretation to comply with the directions of any specified enforcement officer

2. In these regulations— for the management of such land or premises. “closure order” means an order made by the Minister False reporting during national lockdown responsible for Home Affairs in terms of section 8 for the closure of any port or ports between Zimbabwe and 14. For the avoidance of doubt any person who publishes a neighbouring country; or communicates false news about any public officer, official or enforcement officer involved with enforcing or implementing the “customs officer” means any person acting as such in terms national lockdown in his or her capacity as such, or about any private of the Customs and Excise Act [Chapter 23:02]; individual that has the effect of prejudicing the State’s enforcement of “essential service” includes— the national lockdown, shall be liable for prosecution under section (a) any hospital service; 31 of the Criminal Law Code (“Publishing or communicating false (b) any transport service referred to in sections 4(2) and statements prejudicial to the State”) and liable to the penalty there 7(2), whether terrestrial, aerial or waterborne; provided, that is to say a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. (c) any service relating to the generation, supply or distribution of electricity; (d) any service relating to the supply and distribution of water; (e) any sewerage or sanitary service; (f) any service relating to the production, supply, delivery or distribution of food (in particular supermarkets and food retail stores), fuel or coal; 440 453 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 Offence and penalty under this Part (g) banking institutions, bureaux de changes, money transfer services;

11. Any person who— (h) any fire brigade or ambulance service; (a) hinders or obstructs a police officer, customs officer, immigration officer or enforcement officer; (i) coal mining; (b) fails or refuses without sufficient cause to comply with (j) communications and telecommunication services, any request made or direction given by a police officer, including the Internet; customs officer, immigration officer or enforcement (k) all arms and organs of the State engaged in providing officer; security services, and licensed private security services; in the carrying out of this Part shall be guilty of an offence and liable (l) the Government Printer (Printflow Private Limited); to a fine not exceeding level twelve or to imprisonment for a period and any other service declared by the Minister, by General not exceeding one year to both such fine and such imprisonment. Notice, to be an essential service for the purposes of these regulations; PART IV “foreign mission” means a diplomatic or consular mission GENERAL of a foreign state and includes any representation, department, branch or bureau of a foreign state or Prohibition of hoarding of medical supplies needed to combat international organisation the purpose of which is to give COVID-19 and other offences technical or other advice or assistance in Zimbabwe but

12. (1) No person shall, at his or her home or in any other premises which is not otherwise a foreign mission or agency; or location, hoard medical supplies needed to combat COVID-19. “hoard”, in relation to food, or medical supplies needed to (2) No person shall, at his or her home or in any other combat COVID-19, means to retain any such supplies premises or location, hoard food in excess of what is needed to be in order to— stored for himself or herself and his or her family during the period (a) sell it later at an increased price; or of the national lockdown. (b) avoid any order or regulations relating to price control; (3) Any person who contravenes subsection (1) or (2) shall or be guilty of an offence and liable to a fine not exceeding level twelve (c) sell it to a particular class of customer rather than to or to imprisonment for a period not exceeding one year to both such another class; fine and such imprisonment. “home”, in relation to an individual, means his or her place of (4) If there is a reasonable suspicion that any person is ordinary residence or any place where he or she is permitted hoarding medical supplies needed to combat COVID-19, or food, to reside overnight for the period of the lockdown; whether at his or her home or in any other premises or location, an “immigration officer” means any person who is an immigration enforcement officer may, upon a warrant obtained from a magistrate officer as defined in section 2 of the Immigration Act or justice of the peace authorising such search and seizure, search [Chapter 4:02]; such home, premises or location and seize any property suspected to be medical supplies needed to combat COVID-19, or any excess “liquor” means— food as contemplated by subsection (2). (a) any spirit (including methylated & plain spirits), wine or beer (including traditional beer); 452 441 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 (b) any fermented, distilled, spirituous or malted liquor not (b) the exit or evacuation of members of the staff of a mentioned in subsection (a) containing more than 2,75 foreign mission or agency or of the citizens, subjects or % of absolute alcohol; residents of any country under a bilateral arrangement (c) any drink with which anything defined as liquor in with such country; subsection (a) or (b) has been mixed; (c) the entry and exit of vehicles involved in the but does not include spirituous or distilled perfume, perfumery, transportation of food and essential supplies and items medicated spirit or medicated wine; during the national lockdown; “liquor establishment” means any place where patrons buy (2) All cross-border terrestrial or waterborne transport and consume liquor, whether or not food is also offered services must abide by the health screening protocols prescribed by for consumption at the establishment; the authorities of the neighbouring State or other State of destination. “medical supplies needed to combat COVID-19” means non- Enforcement of border closure durable disposable health care materials that are useful or purported to be useful in preventing the transmission 9. (1) It shall be the duty of every police officer, customs officer of COVID-19, such as face masks, paper tissues, or immigration officer at a port specified by the Minister in terms of disinfectants, hand sanitizers, receptacles for dispensing section 8 to ensure that, notwithstanding anything to the contrary sanitizers or disinfectants, and surgical or other gloves; contained in any law, effect is given to a closure order: “member of the staff of a foreign mission or agency” means a Provided that a customs officer or immigration officer member of the diplomatic or consular staff of a foreign may permit the entry or exit of any particular goods or persons for mission or the principal executives of the agency, as the humanitarian reasons. case may be, and includes a member of the administrative, (2) Notwithstanding anything to the contrary contained in the technical and service staff, including domestic staff, of Civil Aviation Act [Chapter 13:16] (No. 7 of 1998), where the Minister the mission or agency, as the case may be; has made a closure order, the Director General of the Civil Aviation “Minister” means the Minister responsible for Health; Authority of Zimbabwe shall not authorise any flight by an aircraft between Zimbabwe and that country without the authority of the Minister. “national lockdown” means the restrictions on the movement of persons and on intercity, terrestrial, airborne and cross Commencement and notice of closure order border traffic prescribed by this Order; “public place” means— 10. (1) Notwithstanding anything to the contrary contained in any other law, a closure order shall have effect immediately upon the (a) any road, thoroughfare, building, open space or other making thereof. place of any description to which the public or any section of the public have access, whether on payment (2) When a closure order is made, the Minister shall cause or otherwise and whether or not the right of admission notice of the effect of such order to be given as soon as may be in such thereto is reserved; manner as he or she thinks necessary for bringing it to the attention of all persons who, in his or her opinion, ought to have notice thereof. (b) includes (but is not limited to)— (i) restaurants; (3) A copy of any closure order certified under the hand of (ii) other tourist facilities, including private and public the Minister shall, on its mere production in any proceedings before a game reserves (except for the purpose of serving court, be accepted as proof of the making and of the contents thereof. 442 451 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 carriage of sick persons to hospitals and other health care providers, tourists and other persons who are resident therein the carriage of persons referred to in section 4(1)(a) (vi) or (vii), and at the time of the national lockdown); the transport of water, fuel, food, basic goods, medical supplies needed (iii) backpackers’ lodges and other guesthouses (except to combat COVID-19 and other medical supplies, and the carriage for the purpose of serving tourists and other persons of police, Defence Forces personnel and other enforcement officers. who are resident therein at the time of the national (3) Any person who operates any airport or aerodrome in lockdown); contravention of subsection (1), or who contravenes subsection (2), (iv) places of worship; shall be guilty of an offence and liable to fine not exceeding level (v) clubs, sports and other recreational facilities; twelve or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (vi) flea markets, vegetable markets and bazaars (except such as are designated by the chief enforcement (4) All cross-border aerial transport services must abide by officer in any local authority for the sale of food the health screening protocols prescribed by the authorities of the and other basic necessities, and provided the neighbouring State or other State of destination. persons gathered thereat do not exceed fifty (50) persons at a time and also comply with the social Power to close ports of entry and exit distancing rule);

8. (1) Where the Minister responsible for Home Affairs, after (vii) liquor establishments; consultation with the Minister, is of the opinion that it is necessary or (viii) theatres, cinemas, and shopping malls and centres desirable in the interests of combating the transmission of COVID-19 (except food retail stores, pharmacies and other that any or all of the ports of entry or ports of exit between Zimbabwe outlets offering essential necessities for sale); and a neighbouring country or territory concerned should be closed “social distancing rule” means the rule of interaction in public to traffic, he or she may, despite anything to the contrary contained places that, for the sake of avoiding the person-to-person in the Customs and Excise Act, the Immigration Act, the One Stop transmission of COVID-19, every individual must Border Post Act or any other law, order that such port or ports as (otherwise than in exceptional cases) keep a distance he may specify be closed for such period as the Minister may think from any other individual of at least one metre. fit and, subject to the proviso to subsection (2), the entry or exit of goods and of persons through such port or ports shall be prohibited Scope of order subject to the following exceptions and such other such exceptions as may be specified by the Minister or by any person authorised by 3. This order has effect throughout Zimbabwe. the Minister to specify such exceptions— PART II (a) the re-entry of citizens and returning residents: NATIONAL LOCKDOWN AND PROHIBITION OF GATHERINGS Provided that the responsible enforcement officer at the port of entry concerned must order such National lockdown citizens, returning residents to be detained, isolated or 4. (1) Subject to this order, for the period of 21 days from the quarantined in any place for a period of twenty-one 30th March, 2020, to the 19th April, 2020— days; (a) every individual is confined to his or her home and may not leave therefrom except temporarily for the following 450 443 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 purposes (not more than one person per household shall (3) Any person partaking at a gathering or convener thereof leave home for any one of these purposes of subparagraph who— (i), (ii) or (iv), except in exceptional cases demonstrated (a) partakes in or convenes a gathering knowing that such to an enforcement officer under subsection (2))— gathering is prohibited in terms of subsection (1); or (i) to buy basic necessities at a supermarket or food (b) refuses to disperse from a gathering after being ordered retail store, or fuel or gas at a fuel or gas retail outlet, to disperse in terms of subsection (2)(a); or within a radius not exceeding five (5) kilometres (c) refuses to observe the social distancing rule after being from his or her home (unless there is no such shop ordered to do so in terms of subsection (2)(b); or outlet within that radius, or such shop or outlet shall be guilty of an offence and liable to a fine not exceeding level is closed for business, in which case he or she may twelve or to imprisonment for a period not exceeding one year to go to the nearest such shop from his or her home); both such fine and such imprisonment. (ii) to buy medicine at the establishment of a pharmaceutical chemist within a radius not PART III exceeding five (5) kilometres from his or her home (unless there is no such establishment within that BORDER CLOSURE ORDERS radius, or the needed medicine is not available Automatic extension of permitted residence of foreign nationals there, in which case he or she may go to the nearest such establishment from his or her home); 6. Despite anything to the contrary contained in the Immigration Act [Chapter 4:02] , the diplomatic visa, temporary residence permit (iii) if the individual is employed in an essential service, or employment permit of every foreign national who, during the period to go to and from his or her place of employment of national lockdown, is permitted to be in Zimbabwe by virtue of that and go about the business of that essential service; visa or permit is hereby extended so that the period of the national (iv) to obtain medical assistance on his or her own behalf lockdown is not counted as part of the period during which they are or on behalf of anyone to whom he or she is related permitted to be in Zimbabwe. or for whom the individual has a duty of care: Provided that such assistance must be sought Closure of airports and restrictions on aerial transportation within a radius not exceeding five (5) kilometres from 7. (1) For the period of 21 days from the 30th March, 2020, to his or her home (unless it cannot be obtained within the 19th April, 2020, all airports and aerodromes are closed except that radius, in which case he or she may obtain it from for the following— the nearest location to his or her home); (a) the Robert Gabriel Mugabe International Airport (v) to go to the home of anyone to whom he or she is (Harare); and related or for whom the individual has a duty of care for purpose of rendering assistance to that person (b) the Joshua Mqabuko Nkomo International Airport for the purposes contemplated by subparagraphs (Bulawayo); and (i), (ii) and (iv); (c) the Victoria Falls International Airport. (vi) if he or she is a member of the staff of a foreign (2) All aerial transport services are prohibited except the mission or agency going to or from such mission operation of such services (whether commercial, private, chartered or or agency; scheduled) engaged in the carriage of staff for essential services, the 444 449 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 that purpose, and that every individual at the gathering (vii) if he or she is a citizen, resident or protected complies with the social distancing rule; subject of a foreign country going to or from a (c) individuals carried within a transport service vehicle, foreign mission of the country of which he or she provided that it is possible within that vehicle to comply is the citizen, resident or subject, for the purpose with the social distancing rule, and that every individual of obtaining services or assistance at such mission; in that vehicle is complying with the social distancing (b) every restaurant shall be closed— rule; (i) with the exception of those restaurants attached (d) individuals gathered at supermarkets and food retail to a hotel serving the residents thereof; or stores to buy basic necessities, provided that every (ii) except to the extent that a restaurant provides individual at such gathering complies with the social food for consumption off the premises for mobile distancing rule; delivery, or on a takeaway basis for purchase and (e) individuals gathered at a hospital or other health service collection by persons not covered by the national provider, provided that every individual at such gathering lockdown or by persons temporarily permitted to (except the staff at such establishment, if they are wearing leave lockdown under this subsection: a face mask) complies with the social distancing rule; Provided that no liquor shall be sold, collected (f) individuals gathered at the establishment of a or delivered together with such food; pharmaceutical chemist, provided that every individual (c) every other business establishment shall be closed except at such gathering complies with the social distancing rule; for every business establishment providing an essential (g) individuals gathered for the purpose of an essential service or services in support of such a service, including service, provided that every individual at such gathering but not limited to the following— complies with the social distancing rule; (i) pharmacies; (2) An enforcement officer must, where a gathering takes (ii) laboratories; place in contravention of subsection (1)— (iii) banking institutions; (a) order the persons at the gathering (other than one (iv) payment and money transfer services; referred to subsection (1)(d), (e), (f) or (g)) to disperse immediately; and (v) supermarkets and food retail stores; (b) order the persons at a gathering referred to subsection (vi) fuel outlets; (1)(d), (e), (f) or (g) to observe the social distancing rule (vii) health care providers; (except that the staff wearing face masks and gloves at the (viii) transport services engaged in the carriage of staff place of the gathering may in unavoidable circumstances for essential services, the carriage of sick persons interact at distance of less than a metre from each other to hospitals and other health care providers, and and from other persons at the gathering); and the transport of water, food, fuel, basic goods, (c) if they refuse to disperse after being ordered to do so medical supplies needed to combat COVID-19 under paragraph (a), take appropriate action, including and other medical supplies; (subject to the Criminal Procedure and Evidence Act) (the above list is merely illustrative and is not intended to limit the arrest and detention. scope of the definition of “essential service”); 448 445 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 Provided that manufacturing business (3) Every individual found outside his or her home shall have establishments or other businesses whose operations the burden of proving, to the satisfaction of an enforcement officer, require continuous processes may operate with the that he or she is covered by any of the exceptions listed in subsection minimum staff required for the care and maintenances (1) or is acting under demonstrably exceptional circumstances. of its operations; (4) Any person who contravenes subsection (1) or (2) shall (d) every Government establishment shall be closed except be guilty of an offence and liable to fine not exceeding level twelve to such extant as the responsible head of the Ministry or to imprisonment for a period not exceeding one year or to both or head of that establishment shall direct. such fine and such imprisonment. (e) every school and other educational institution (whether (5) Any person not covered by any of the exceptions listed in primary, secondary, tertiary or technical and vocational, subsection (1) who is found to be in breach of the lockdown shall— except for institutions providing medical training or (a) be charged and notified that he or she will be summoned research useful for combating COVID-19) shall be before a court to answer that charge, and ordered to return closed; immediately to his or her home, for which purpose an (f) all intercity transport is prohibited except the operation enforcement officer may accompany him or her; or of intercity transport services engaged in the carriage of (b) if he or she refuses to return immediately to his or her staff for essential services, the carriage of sick persons home, or has no home, or is unable to immediately return to hospitals and other health care providers, the carriage to his or her home by reason of being outside of a radius of persons referred to in section 4(1)(a) (vi) or (vii), of 5 kilometres (or in the case of a person who is a driver the transport of water, food, fuel, basic goods, medical or passenger of a vehicle, 20 kilometres) from his or supplies needed to combat COVID-19 and other medical her home, be treated as having escaped from any place supplies, and the carriage of Police, Defence Forces of detention, isolation or quarantine, and accordingly personnel and other enforcement officers. may be arrested without warrant and put in any place of detention, isolation or quarantine under the terms of (2) Transport services, whether intracity or intercity, for the the principal regulations. carriage of passengers shall be restricted to those provided by— (a) the parastatal company known as the Zimbabwe United Prohibition of gatherings Passenger Company (ZUPCO); 5. (1) Subject to this order, for the period of 21 days from the (b) omnibuses and other passenger service vehicles operated 30th March, 2020, to the 19th April, 2020, no gathering of more by or on behalf of the Public Service Association, than two individuals in any public place are permitted except in the the Police Service, the Defence Forces and the Civil following cases— Protection Authorities; (a) a gathering at a stopping point for the purpose of using (c) commuter omnibuses and other passenger service a transport service referred to in section 4(2), provided vehicles operated or chartered by local authorities for that not more than fifty (50) individuals at a time are the carriage of staff for essential services, the carriage gathered for that purpose, and that every individual at of sick persons to hospitals and other health care the gathering complies with the social distancing rule; providers, and the transport of water, food, fuel, basic goods, medical supplies needed to combat COVID-19 (b) a gathering at a funeral service, provided that not more and other medical supplies. than fifty (50) individuals at a time are gathered for 446 447 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 Provided that manufacturing business (3) Every individual found outside his or her home shall have establishments or other businesses whose operations the burden of proving, to the satisfaction of an enforcement officer, require continuous processes may operate with the that he or she is covered by any of the exceptions listed in subsection minimum staff required for the care and maintenances (1) or is acting under demonstrably exceptional circumstances. of its operations; (4) Any person who contravenes subsection (1) or (2) shall (d) every Government establishment shall be closed except be guilty of an offence and liable to fine not exceeding level twelve to such extant as the responsible head of the Ministry or to imprisonment for a period not exceeding one year or to both or head of that establishment shall direct. such fine and such imprisonment. (e) every school and other educational institution (whether (5) Any person not covered by any of the exceptions listed in primary, secondary, tertiary or technical and vocational, subsection (1) who is found to be in breach of the lockdown shall— except for institutions providing medical training or (a) be charged and notified that he or she will be summoned research useful for combating COVID-19) shall be before a court to answer that charge, and ordered to return closed; immediately to his or her home, for which purpose an (f) all intercity transport is prohibited except the operation enforcement officer may accompany him or her; or of intercity transport services engaged in the carriage of (b) if he or she refuses to return immediately to his or her staff for essential services, the carriage of sick persons home, or has no home, or is unable to immediately return to hospitals and other health care providers, the carriage to his or her home by reason of being outside of a radius of persons referred to in section 4(1)(a) (vi) or (vii), of 5 kilometres (or in the case of a person who is a driver the transport of water, food, fuel, basic goods, medical or passenger of a vehicle, 20 kilometres) from his or supplies needed to combat COVID-19 and other medical her home, be treated as having escaped from any place supplies, and the carriage of Police, Defence Forces of detention, isolation or quarantine, and accordingly personnel and other enforcement officers. may be arrested without warrant and put in any place of detention, isolation or quarantine under the terms of (2) Transport services, whether intracity or intercity, for the the principal regulations. carriage of passengers shall be restricted to those provided by— (a) the parastatal company known as the Zimbabwe United Prohibition of gatherings Passenger Company (ZUPCO); 5. (1) Subject to this order, for the period of 21 days from the (b) omnibuses and other passenger service vehicles operated 30th March, 2020, to the 19th April, 2020, no gathering of more by or on behalf of the Public Service Association, than two individuals in any public place are permitted except in the the Police Service, the Defence Forces and the Civil following cases— Protection Authorities; (a) a gathering at a stopping point for the purpose of using (c) commuter omnibuses and other passenger service a transport service referred to in section 4(2), provided vehicles operated or chartered by local authorities for that not more than fifty (50) individuals at a time are the carriage of staff for essential services, the carriage gathered for that purpose, and that every individual at of sick persons to hospitals and other health care the gathering complies with the social distancing rule; providers, and the transport of water, food, fuel, basic goods, medical supplies needed to combat COVID-19 (b) a gathering at a funeral service, provided that not more and other medical supplies. than fifty (50) individuals at a time are gathered for 446 447 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 that purpose, and that every individual at the gathering (vii) if he or she is a citizen, resident or protected complies with the social distancing rule; subject of a foreign country going to or from a (c) individuals carried within a transport service vehicle, foreign mission of the country of which he or she provided that it is possible within that vehicle to comply is the citizen, resident or subject, for the purpose with the social distancing rule, and that every individual of obtaining services or assistance at such mission; in that vehicle is complying with the social distancing (b) every restaurant shall be closed— rule; (i) with the exception of those restaurants attached (d) individuals gathered at supermarkets and food retail to a hotel serving the residents thereof; or stores to buy basic necessities, provided that every (ii) except to the extent that a restaurant provides individual at such gathering complies with the social food for consumption off the premises for mobile distancing rule; delivery, or on a takeaway basis for purchase and (e) individuals gathered at a hospital or other health service collection by persons not covered by the national provider, provided that every individual at such gathering lockdown or by persons temporarily permitted to (except the staff at such establishment, if they are wearing leave lockdown under this subsection: a face mask) complies with the social distancing rule; Provided that no liquor shall be sold, collected (f) individuals gathered at the establishment of a or delivered together with such food; pharmaceutical chemist, provided that every individual (c) every other business establishment shall be closed except at such gathering complies with the social distancing rule; for every business establishment providing an essential (g) individuals gathered for the purpose of an essential service or services in support of such a service, including service, provided that every individual at such gathering but not limited to the following— complies with the social distancing rule; (i) pharmacies; (2) An enforcement officer must, where a gathering takes (ii) laboratories; place in contravention of subsection (1)— (iii) banking institutions; (a) order the persons at the gathering (other than one (iv) payment and money transfer services; referred to subsection (1)(d), (e), (f) or (g)) to disperse immediately; and (v) supermarkets and food retail stores; (b) order the persons at a gathering referred to subsection (vi) fuel outlets; (1)(d), (e), (f) or (g) to observe the social distancing rule (vii) health care providers; (except that the staff wearing face masks and gloves at the (viii) transport services engaged in the carriage of staff place of the gathering may in unavoidable circumstances for essential services, the carriage of sick persons interact at distance of less than a metre from each other to hospitals and other health care providers, and and from other persons at the gathering); and the transport of water, food, fuel, basic goods, (c) if they refuse to disperse after being ordered to do so medical supplies needed to combat COVID-19 under paragraph (a), take appropriate action, including and other medical supplies; (subject to the Criminal Procedure and Evidence Act) (the above list is merely illustrative and is not intended to limit the arrest and detention. scope of the definition of “essential service”); 448 445 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 purposes (not more than one person per household shall (3) Any person partaking at a gathering or convener thereof leave home for any one of these purposes of subparagraph who— (i), (ii) or (iv), except in exceptional cases demonstrated (a) partakes in or convenes a gathering knowing that such to an enforcement officer under subsection (2))— gathering is prohibited in terms of subsection (1); or (i) to buy basic necessities at a supermarket or food (b) refuses to disperse from a gathering after being ordered retail store, or fuel or gas at a fuel or gas retail outlet, to disperse in terms of subsection (2)(a); or within a radius not exceeding five (5) kilometres (c) refuses to observe the social distancing rule after being from his or her home (unless there is no such shop ordered to do so in terms of subsection (2)(b); or outlet within that radius, or such shop or outlet shall be guilty of an offence and liable to a fine not exceeding level is closed for business, in which case he or she may twelve or to imprisonment for a period not exceeding one year to go to the nearest such shop from his or her home); both such fine and such imprisonment. (ii) to buy medicine at the establishment of a pharmaceutical chemist within a radius not PART III exceeding five (5) kilometres from his or her home (unless there is no such establishment within that BORDER CLOSURE ORDERS radius, or the needed medicine is not available Automatic extension of permitted residence of foreign nationals there, in which case he or she may go to the nearest such establishment from his or her home); 6. Despite anything to the contrary contained in the Immigration Act [Chapter 4:02] , the diplomatic visa, temporary residence permit (iii) if the individual is employed in an essential service, or employment permit of every foreign national who, during the period to go to and from his or her place of employment of national lockdown, is permitted to be in Zimbabwe by virtue of that and go about the business of that essential service; visa or permit is hereby extended so that the period of the national (iv) to obtain medical assistance on his or her own behalf lockdown is not counted as part of the period during which they are or on behalf of anyone to whom he or she is related permitted to be in Zimbabwe. or for whom the individual has a duty of care: Provided that such assistance must be sought Closure of airports and restrictions on aerial transportation within a radius not exceeding five (5) kilometres from 7. (1) For the period of 21 days from the 30th March, 2020, to his or her home (unless it cannot be obtained within the 19th April, 2020, all airports and aerodromes are closed except that radius, in which case he or she may obtain it from for the following— the nearest location to his or her home); (a) the Robert Gabriel Mugabe International Airport (v) to go to the home of anyone to whom he or she is (Harare); and related or for whom the individual has a duty of care for purpose of rendering assistance to that person (b) the Joshua Mqabuko Nkomo International Airport for the purposes contemplated by subparagraphs (Bulawayo); and (i), (ii) and (iv); (c) the Victoria Falls International Airport. (vi) if he or she is a member of the staff of a foreign (2) All aerial transport services are prohibited except the mission or agency going to or from such mission operation of such services (whether commercial, private, chartered or or agency; scheduled) engaged in the carriage of staff for essential services, the 444 449 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 carriage of sick persons to hospitals and other health care providers, tourists and other persons who are resident therein the carriage of persons referred to in section 4(1)(a) (vi) or (vii), and at the time of the national lockdown); the transport of water, fuel, food, basic goods, medical supplies needed (iii) backpackers’ lodges and other guesthouses (except to combat COVID-19 and other medical supplies, and the carriage for the purpose of serving tourists and other persons of police, Defence Forces personnel and other enforcement officers. who are resident therein at the time of the national (3) Any person who operates any airport or aerodrome in lockdown); contravention of subsection (1), or who contravenes subsection (2), (iv) places of worship; shall be guilty of an offence and liable to fine not exceeding level (v) clubs, sports and other recreational facilities; twelve or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (vi) flea markets, vegetable markets and bazaars (except such as are designated by the chief enforcement (4) All cross-border aerial transport services must abide by officer in any local authority for the sale of food the health screening protocols prescribed by the authorities of the and other basic necessities, and provided the neighbouring State or other State of destination. persons gathered thereat do not exceed fifty (50) persons at a time and also comply with the social Power to close ports of entry and exit distancing rule);

8. (1) Where the Minister responsible for Home Affairs, after (vii) liquor establishments; consultation with the Minister, is of the opinion that it is necessary or (viii) theatres, cinemas, and shopping malls and centres desirable in the interests of combating the transmission of COVID-19 (except food retail stores, pharmacies and other that any or all of the ports of entry or ports of exit between Zimbabwe outlets offering essential necessities for sale); and a neighbouring country or territory concerned should be closed “social distancing rule” means the rule of interaction in public to traffic, he or she may, despite anything to the contrary contained places that, for the sake of avoiding the person-to-person in the Customs and Excise Act, the Immigration Act, the One Stop transmission of COVID-19, every individual must Border Post Act or any other law, order that such port or ports as (otherwise than in exceptional cases) keep a distance he may specify be closed for such period as the Minister may think from any other individual of at least one metre. fit and, subject to the proviso to subsection (2), the entry or exit of goods and of persons through such port or ports shall be prohibited Scope of order subject to the following exceptions and such other such exceptions as may be specified by the Minister or by any person authorised by 3. This order has effect throughout Zimbabwe. the Minister to specify such exceptions— PART II (a) the re-entry of citizens and returning residents: NATIONAL LOCKDOWN AND PROHIBITION OF GATHERINGS Provided that the responsible enforcement officer at the port of entry concerned must order such National lockdown citizens, returning residents to be detained, isolated or 4. (1) Subject to this order, for the period of 21 days from the quarantined in any place for a period of twenty-one 30th March, 2020, to the 19th April, 2020— days; (a) every individual is confined to his or her home and may not leave therefrom except temporarily for the following 450 443 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 (b) any fermented, distilled, spirituous or malted liquor not (b) the exit or evacuation of members of the staff of a mentioned in subsection (a) containing more than 2,75 foreign mission or agency or of the citizens, subjects or % of absolute alcohol; residents of any country under a bilateral arrangement (c) any drink with which anything defined as liquor in with such country; subsection (a) or (b) has been mixed; (c) the entry and exit of vehicles involved in the but does not include spirituous or distilled perfume, perfumery, transportation of food and essential supplies and items medicated spirit or medicated wine; during the national lockdown; “liquor establishment” means any place where patrons buy (2) All cross-border terrestrial or waterborne transport and consume liquor, whether or not food is also offered services must abide by the health screening protocols prescribed by for consumption at the establishment; the authorities of the neighbouring State or other State of destination. “medical supplies needed to combat COVID-19” means non- Enforcement of border closure durable disposable health care materials that are useful or purported to be useful in preventing the transmission 9. (1) It shall be the duty of every police officer, customs officer of COVID-19, such as face masks, paper tissues, or immigration officer at a port specified by the Minister in terms of disinfectants, hand sanitizers, receptacles for dispensing section 8 to ensure that, notwithstanding anything to the contrary sanitizers or disinfectants, and surgical or other gloves; contained in any law, effect is given to a closure order: “member of the staff of a foreign mission or agency” means a Provided that a customs officer or immigration officer member of the diplomatic or consular staff of a foreign may permit the entry or exit of any particular goods or persons for mission or the principal executives of the agency, as the humanitarian reasons. case may be, and includes a member of the administrative, (2) Notwithstanding anything to the contrary contained in the technical and service staff, including domestic staff, of Civil Aviation Act [Chapter 13:16] (No. 7 of 1998), where the Minister the mission or agency, as the case may be; has made a closure order, the Director General of the Civil Aviation “Minister” means the Minister responsible for Health; Authority of Zimbabwe shall not authorise any flight by an aircraft between Zimbabwe and that country without the authority of the Minister. “national lockdown” means the restrictions on the movement of persons and on intercity, terrestrial, airborne and cross Commencement and notice of closure order border traffic prescribed by this Order; “public place” means— 10. (1) Notwithstanding anything to the contrary contained in any other law, a closure order shall have effect immediately upon the (a) any road, thoroughfare, building, open space or other making thereof. place of any description to which the public or any section of the public have access, whether on payment (2) When a closure order is made, the Minister shall cause or otherwise and whether or not the right of admission notice of the effect of such order to be given as soon as may be in such thereto is reserved; manner as he or she thinks necessary for bringing it to the attention of all persons who, in his or her opinion, ought to have notice thereof. (b) includes (but is not limited to)— (i) restaurants; (3) A copy of any closure order certified under the hand of (ii) other tourist facilities, including private and public the Minister shall, on its mere production in any proceedings before a game reserves (except for the purpose of serving court, be accepted as proof of the making and of the contents thereof. 442 451 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 Offence and penalty under this Part (g) banking institutions, bureaux de changes, money transfer services;

11. Any person who— (h) any fire brigade or ambulance service; (a) hinders or obstructs a police officer, customs officer, immigration officer or enforcement officer; (i) coal mining; (b) fails or refuses without sufficient cause to comply with (j) communications and telecommunication services, any request made or direction given by a police officer, including the Internet; customs officer, immigration officer or enforcement (k) all arms and organs of the State engaged in providing officer; security services, and licensed private security services; in the carrying out of this Part shall be guilty of an offence and liable (l) the Government Printer (Printflow Private Limited); to a fine not exceeding level twelve or to imprisonment for a period and any other service declared by the Minister, by General not exceeding one year to both such fine and such imprisonment. Notice, to be an essential service for the purposes of these regulations; PART IV “foreign mission” means a diplomatic or consular mission GENERAL of a foreign state and includes any representation, department, branch or bureau of a foreign state or Prohibition of hoarding of medical supplies needed to combat international organisation the purpose of which is to give COVID-19 and other offences technical or other advice or assistance in Zimbabwe but

12. (1) No person shall, at his or her home or in any other premises which is not otherwise a foreign mission or agency; or location, hoard medical supplies needed to combat COVID-19. “hoard”, in relation to food, or medical supplies needed to (2) No person shall, at his or her home or in any other combat COVID-19, means to retain any such supplies premises or location, hoard food in excess of what is needed to be in order to— stored for himself or herself and his or her family during the period (a) sell it later at an increased price; or of the national lockdown. (b) avoid any order or regulations relating to price control; (3) Any person who contravenes subsection (1) or (2) shall or be guilty of an offence and liable to a fine not exceeding level twelve (c) sell it to a particular class of customer rather than to or to imprisonment for a period not exceeding one year to both such another class; fine and such imprisonment. “home”, in relation to an individual, means his or her place of (4) If there is a reasonable suspicion that any person is ordinary residence or any place where he or she is permitted hoarding medical supplies needed to combat COVID-19, or food, to reside overnight for the period of the lockdown; whether at his or her home or in any other premises or location, an “immigration officer” means any person who is an immigration enforcement officer may, upon a warrant obtained from a magistrate officer as defined in section 2 of the Immigration Act or justice of the peace authorising such search and seizure, search [Chapter 4:02]; such home, premises or location and seize any property suspected to be medical supplies needed to combat COVID-19, or any excess “liquor” means— food as contemplated by subsection (2). (a) any spirit (including methylated & plain spirits), wine or beer (including traditional beer); 452 441 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 Section (5) A magistrate or justice of the peace may issue a warrant contemplated in subsection (4) if it appears to him or her on oath or

14. False reporting during national lockdown affirmation by an enforcement officer that any person is reasonably THE Minister of Health, in terms of section 8(1) of the Public suspected of hoarding medical supplies needed to combat COVID-19. Health (COVID-19 Prevention, Containment and Treatment) (6) Any person taking advantage of the national lockdown to Regulations, 2020 (published as Statutory Instrument 77 of 2020), profiteer, or raise prices of goods or services or rents, shall be subject and in consultation with the President, makes the following order:— to the penalties prescribed by law for contravention of the appropriate statutory provisions. PART I PRELIMINARY Local authorities to make land or premises available for isolation and quarantine Title

13. By written order addressed to any local authority the Minister

1. This order may be cited as the Public Health (COVID-19 may require such local authority to set aside and make available during Prevention, Containment and Treatment) (National Lockdown) Order, the period of national lockdown any land or premises adequate for the 2020. quarantine or isolations of more than fifty (50) persons at a time who are infected with or suspected of being infected with COVID-19, and Interpretation to comply with the directions of any specified enforcement officer

2. In these regulations— for the management of such land or premises. “closure order” means an order made by the Minister False reporting during national lockdown responsible for Home Affairs in terms of section 8 for the closure of any port or ports between Zimbabwe and 14. For the avoidance of doubt any person who publishes a neighbouring country; or communicates false news about any public officer, official or enforcement officer involved with enforcing or implementing the “customs officer” means any person acting as such in terms national lockdown in his or her capacity as such, or about any private of the Customs and Excise Act [Chapter 23:02]; individual that has the effect of prejudicing the State’s enforcement of “essential service” includes— the national lockdown, shall be liable for prosecution under section (a) any hospital service; 31 of the Criminal Law Code (“Publishing or communicating false (b) any transport service referred to in sections 4(2) and statements prejudicial to the State”) and liable to the penalty there 7(2), whether terrestrial, aerial or waterborne; provided, that is to say a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. (c) any service relating to the generation, supply or distribution of electricity; (d) any service relating to the supply and distribution of water; (e) any sewerage or sanitary service; (f) any service relating to the production, supply, delivery or distribution of food (in particular supermarkets and food retail stores), fuel or coal; 440 453 Public Health (COVID-19 Prevention, Containment and Statutory Instrument 83 of 2020. Treatment) (National Lockdown) Order, 2020 S.I. 83 of 2020 [CAP. 15:17 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section

1. Title.

2. Interpretation.

3. Scope of Order. PART II NATIONAL LOCKDOWN AND PROHIBITION OF GATHERINGS

4. National lockdown.

5. Prohibition of gatherings. PART III BORDER CLOSURE ORDERS

6. Automatic extension of permitted residence of foreign nationals.

7. Closure of airports and restrictions on aerial transportation.

8. Power to close ports of entry and exit.

9. Enforcement of border closure.

10. Commencement and notice of closure order.

11. Offence and penalty under this Part. PART IV GENERAL

12. Prohibition of hoarding of medical supplies needed to combat COVID-19 and other offences. Supplement to the Zimbabwean Government Gazette Extraordinary dated the 28th March, 2020. 13. Local authorities to make land or premises available for isolation Printed by the Government Printer, Harare. and quarantine. 454 439