Public Health (COVID-19 Prevention, Containment and Treatment) Regulations, 2020 (S.I. No. 77 of 2020)

9. (1) The chief executive officer of every local authority shall 9. Certification of certain enforcement officers. furnish each enforcement officer referred to in paragraph (b) of the 10. Assistance by area civil protection officers. definition of “enforcement officer” who is acting within the jurisdiction of the local authority with a certificate signed by or on behalf of the IT is hereby notified that the Minister of Health and Child Care chief executive officer stating that he or she has been appointed as has, in terms of section 68 of the Public Health Act [Chapter 15:17], an enforcement officer for the purpose of these regulations. made the following regulations:— (2) An enforcement officer referred to in paragraph (b) of the Title definition of “enforcement officer” shall, on demand by any person affected by the exercise of the powers conferred upon enforcement 1. (1) These regulations may be cited as the Public Health officers under these regulations, exhibit the certificate issued to him (COVID-19 Prevention and Containment) Regulations, 2020. or her in terms of subsection (1). Interpretation Assistance by area civil protection officers 2. In these regulations—

10. At the request of the Minister, the National Civil Protection “area civil protection officer” means an area civil protection Committee constituted under the Civil Protection Act [Chapter 10:06] officer referred to in section 17 of the Civil Protection may identify area civil protection officers who, in any local authority Act [Chapter 10:06]; and acting under the guidance in that local authority of any enforcement officer referred to in paragraph (b) of the definition of “enforcement “COVID-19” means the Novel Coronavirus (2019-nCov), officer”, shall act as enforcement officers for the purposes of these which is an infectious disease caused by a virus which, regulations. having emerged during 2019, was declared a global pandemic by the World Health Organisation on the 11th March, 2020; Supplement to the Zimbabwean Government Gazette Extraordinary dated the 23rd March, 2020. Printed by the Government Printer, Harare. “enforcement officer” means— 396 389 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 S.I. 77 of 2020 Treatment) Regulations, 2020 (a) a police officer, peace officer or member of the (c) close places of worship and restrict gatherings or meetings municipal police force established for any local for the purpose of public worship in any local authority; authority; or (d) regulate, restrict or, where deemed necessary, close (b) the Chief Health Officer, every Director (Health in any local authority any place or places of public Services) of any local authority, every district entertainment, recreation or amusement, or where health officer of any district, and every medical intoxicating liquor is sold by retail, and regulate or officer of health (in each case assisted by a police restrict, or, where deemed necessary, prohibit the officer, peace officer or member of a municipal convening, holding or attending of entertainments, police force); assemblies, meetings or other public gatherings of less (c) an area civil protection officers identified pursuant than one hundred persons; to section 10; (e) direct the making of inquiries into the cause of death “FED declaration” means the declaration in terms of section of any person, apart from any inquiry by a magistrate 3(1) of COVID-19 as a formidable epidemic disease; under any other enactment; “gathering” means any assembly, concourse or procession of (f) order, when deemed necessary, post-mortem more than one hundred (100) persons, whether wholly examinations or exhumations; or partially in open air or in a building; (g) prohibit in special circumstances the burial of any dead “isolation” means separating a sick individual with COVID-19 body in any local authority except on a certificate by a from healthy individuals in such a manner as to prevent medical officer appointed to grant such certificates or the spread of infection or contamination by COVID-19; after compliance with any other specified conditions; “quarantine” means separating asymptomatic individuals (h) regulate the mode of disposal, the times and places of potentially exposed to COVID-19 from non-exposed burial of dead bodies and the manner of conducting individuals in such a manner as to prevent the possible removals and burials thereof in any local authority; spread of infection or contamination by COVID-19; (i) regulate and restrict and, if deemed necessary, prohibit “school” means a Government school or a school registered the removal of merchandise or any article or thing into, under the Education Act [Chapter 25:04]. out of or within any in any local authority or specified or defined area; Declaration of COVID-19 as Formidable Epidemic Disease (j) facilitate the provision of disinfecting plant and

3. (1) In terms of section 64(1)(a) of the Act, and for the purposes equipment, and the disinfection or, where disinfection of Sub-Part C of Part IV (“Infectious Diseases”) of the Act, COVID-19 is impossible, the destruction of any article or thing, is declared to be a formidable epidemic disease. or the disinfection of any premises which are or are believed to be contaminated with the infection of such (2) The declaration of COVID-19 as a formidable epidemic disease; disease has effect till the 20th May, 2020, unless the Minister earlier, by general notice in the Gazette, extends these regulations by a further (k) authorise in any local authority the inspection of premises month, and may, upon expiry of that extension, in like manner further and articles and the discovery and remedying of sanitary extend them for a month at a time. or other defects likely to favour the spread or render difficult the eradication of COVID-19; 390 395 Public Health (COVID-19 Prevention, Containment and S.I. 77 of 2020 Treatment) Regulations, 2020 (d) shall be recorded and authenticated by the enforcement Object and scope of regulations officers who issued them, and be kept for a period of at 4. (1) The object of these regulations is to enable the least twelve months in the event that they are required implementation of measures to prevent, contain and treat the incidence for the purposes of any audit or judicial proceedings. of COVID-19. (4) Any person who— (2) These regulations are enforceable whether or not a State of (a) disobeys an order made under subsection (1) or (2); or Disaster in relation to COVID-19 is in force under the Civil Protection (b) having been ordered to be detained, isolated or Act [Chapter 10:06]. quarantined in any place, removes himself or herself from such detention, isolation or quarantine without Prohibition of gatherings the knowledge or consent of an enforcement officer, or 5. (1) In order to contain the spread of COVID-19, all gatherings contrary to any conditions specified for any temporary for whatever purpose, are hereby prohibited during the period when release from such detention, isolation or quarantine; the FED declaration is in force. shall be guilty of an offence and liable to fine not exceeding level 12 (2) An enforcement officer must, where a gathering takes or to imprisonment for a period not exceeding one year to both such place in contravention of subsection (1)— fine and such imprisonment. (a) order the persons at the gathering to disperse immediately; (5) Any person who escapes from any place of detention, and isolation or quarantine may be arrested without warrant. (b) if they refuse to disperse, take appropriate action, Places of quarantine and isolation including (subject to the Criminal Procedure and Evidence Act) arrest and detention.

7. (1) The Minister may identify or approve sites to be used as isolation and quarantine facilities for the temporary confinement and (3) Subsection (2) does not apply to any school, unless— treatment of individuals or groups of individuals who are suspected (a) a district health officer, in relation to any school within a of being infected with, or who may have recently been exposed to the district for which the district health officer is responsible; risk of infection by, or who have been confirmed as having COVID-19. or (2) The Minister shall as soon as practicable specify the sites (b) a Director (Health Services), in relation to any local identified or approved under subsection (1) by general notice in the authority for which the Director (Health Services) is Gazette. responsible; or (c) the Minister, acting on the advice of the Chief Health Ministerial orders Officer; or

8. (1) In pursuance of the object of these regulations the Minister (d) the Chief Health Officer, after consulting the Minister; may (in consultation with the President, and in conformity with any or directions the President may give) by orders published in the Gazette— declares by any means likely to make such declaration known to the (a) impose restrictions of public traffic and of the movements school or schools concerned, that any specified school or group or of persons by means of curfews in any local authority; class of schools shall be regarded as a gathering for the purposes of (b) close schools or regulate and restrict school attendance this section. in any local authority; 394 391 Public Health (COVID-19 Prevention, Containment and S.I. 77 of 2020 Treatment) Regulations, 2020 (3) Any person partaking at a gathering or convener thereof— disinfection contemplated by paragraph (a) or (b), for (a) partakes in or convenes a gathering knowing that such a period expiring 48 hours after such order or until the gathering is prohibited in terms of subsection (1); or certification of the individual or individuals concerned to be free of infection from COVID-19, which occurs (b) refuses to disperse from a gathering after being ordered the later. to disperse in terms of subsection (2)(a); (2) An enforcement officer may order any individual or group shall be guilty of an offence and liable to fine not exceeding level 12 individuals who have been confirmed, clinically or by a laboratory, or to imprisonment for a period not exceeding one year to both such as having COVID-19 to be quarantined for a period of up to 14 days fine and such imprisonment. within their homes or in a hospital or place of isolation and, during the period the quarantine is in force— Compulsory testing, detention, etc. to contain COVID-19 (a) to submit to further medical examination (including,

6. (1) An enforcement officer referred to in paragraph (b) of but not limited to, the taking of any bodily sample by the definition of “enforcement officer” in section 2 may, in relation a health practitioner or other person acting under the to any individual or group of individuals who are suspected of being supervision of a health practitioner); infected with, or who may have recently been exposed to the risk of infection by, COVID-19, order any one or a combination of the (b) to be admitted or removed to a hospital or place of following things— isolation; (a) order the individual or individuals concerned to submit (c) to undergo mandatory treatment or prophylaxis. to a medical examination, instantly or at the time and (3) Orders made under subsection (1) or (2)— place ordered, which examination may include but not (a) shall be communicated by any means (verbal, written, be limited to the taking of any bodily sample by a health broadcast or electronic) likely to make them known to practitioner or other person acting under the supervision the persons affected by them; of a health practitioner; (b) that provide for the detention, isolation or quarantine (b) order the mandatory treatment or prophylaxis of the of any individual or group of individuals must make individual or individuals concerned; reasonable provision for the individual or individuals (c) order the sequestration or disinfection or both of the concerned— baggage and personal effects of the individual or (i) to have access to or be provided with basic individuals concerned; necessities to enable them to maintain an acceptable (d) order the disinfection or evacuation (for a period not standard of nutrition and hygiene; exceeding 24 hours) or both of the homes of the individual (ii) to be released temporarily from such detention, or individuals concerned or of any building or premises isolation or quarantine under specified conditions wherein they work or gather for any purpose; with the knowledge or consent of an enforcement (e) order the on-site detention, isolation or quarantining of officer; the individual or individuals concerned, or their removal (c) shall be enforced, as needed, with the assistance of to a hospital or place of isolation or quarantine, and their persons referred to in paragraph (a) of the definition of detention at such site, hospital or place of isolation, “enforcement officer” in section 2; pending the examination, treatment, prophylaxis or 392 393 Public Health (COVID-19 Prevention, Containment and S.I. 77 of 2020 Treatment) Regulations, 2020 (3) Any person partaking at a gathering or convener thereof— disinfection contemplated by paragraph (a) or (b), for (a) partakes in or convenes a gathering knowing that such a period expiring 48 hours after such order or until the gathering is prohibited in terms of subsection (1); or certification of the individual or individuals concerned to be free of infection from COVID-19, which occurs (b) refuses to disperse from a gathering after being ordered the later. to disperse in terms of subsection (2)(a); (2) An enforcement officer may order any individual or group shall be guilty of an offence and liable to fine not exceeding level 12 individuals who have been confirmed, clinically or by a laboratory, or to imprisonment for a period not exceeding one year to both such as having COVID-19 to be quarantined for a period of up to 14 days fine and such imprisonment. within their homes or in a hospital or place of isolation and, during the period the quarantine is in force— Compulsory testing, detention, etc. to contain COVID-19 (a) to submit to further medical examination (including,

6. (1) An enforcement officer referred to in paragraph (b) of but not limited to, the taking of any bodily sample by the definition of “enforcement officer” in section 2 may, in relation a health practitioner or other person acting under the to any individual or group of individuals who are suspected of being supervision of a health practitioner); infected with, or who may have recently been exposed to the risk of infection by, COVID-19, order any one or a combination of the (b) to be admitted or removed to a hospital or place of following things— isolation; (a) order the individual or individuals concerned to submit (c) to undergo mandatory treatment or prophylaxis. to a medical examination, instantly or at the time and (3) Orders made under subsection (1) or (2)— place ordered, which examination may include but not (a) shall be communicated by any means (verbal, written, be limited to the taking of any bodily sample by a health broadcast or electronic) likely to make them known to practitioner or other person acting under the supervision the persons affected by them; of a health practitioner; (b) that provide for the detention, isolation or quarantine (b) order the mandatory treatment or prophylaxis of the of any individual or group of individuals must make individual or individuals concerned; reasonable provision for the individual or individuals (c) order the sequestration or disinfection or both of the concerned— baggage and personal effects of the individual or (i) to have access to or be provided with basic individuals concerned; necessities to enable them to maintain an acceptable (d) order the disinfection or evacuation (for a period not standard of nutrition and hygiene; exceeding 24 hours) or both of the homes of the individual (ii) to be released temporarily from such detention, or individuals concerned or of any building or premises isolation or quarantine under specified conditions wherein they work or gather for any purpose; with the knowledge or consent of an enforcement (e) order the on-site detention, isolation or quarantining of officer; the individual or individuals concerned, or their removal (c) shall be enforced, as needed, with the assistance of to a hospital or place of isolation or quarantine, and their persons referred to in paragraph (a) of the definition of detention at such site, hospital or place of isolation, “enforcement officer” in section 2; pending the examination, treatment, prophylaxis or 392 393 Public Health (COVID-19 Prevention, Containment and S.I. 77 of 2020 Treatment) Regulations, 2020 (d) shall be recorded and authenticated by the enforcement Object and scope of regulations officers who issued them, and be kept for a period of at 4. (1) The object of these regulations is to enable the least twelve months in the event that they are required implementation of measures to prevent, contain and treat the incidence for the purposes of any audit or judicial proceedings. of COVID-19. (4) Any person who— (2) These regulations are enforceable whether or not a State of (a) disobeys an order made under subsection (1) or (2); or Disaster in relation to COVID-19 is in force under the Civil Protection (b) having been ordered to be detained, isolated or Act [Chapter 10:06]. quarantined in any place, removes himself or herself from such detention, isolation or quarantine without Prohibition of gatherings the knowledge or consent of an enforcement officer, or 5. (1) In order to contain the spread of COVID-19, all gatherings contrary to any conditions specified for any temporary for whatever purpose, are hereby prohibited during the period when release from such detention, isolation or quarantine; the FED declaration is in force. shall be guilty of an offence and liable to fine not exceeding level 12 (2) An enforcement officer must, where a gathering takes or to imprisonment for a period not exceeding one year to both such place in contravention of subsection (1)— fine and such imprisonment. (a) order the persons at the gathering to disperse immediately; (5) Any person who escapes from any place of detention, and isolation or quarantine may be arrested without warrant. (b) if they refuse to disperse, take appropriate action, Places of quarantine and isolation including (subject to the Criminal Procedure and Evidence Act) arrest and detention.

7. (1) The Minister may identify or approve sites to be used as isolation and quarantine facilities for the temporary confinement and (3) Subsection (2) does not apply to any school, unless— treatment of individuals or groups of individuals who are suspected (a) a district health officer, in relation to any school within a of being infected with, or who may have recently been exposed to the district for which the district health officer is responsible; risk of infection by, or who have been confirmed as having COVID-19. or (2) The Minister shall as soon as practicable specify the sites (b) a Director (Health Services), in relation to any local identified or approved under subsection (1) by general notice in the authority for which the Director (Health Services) is Gazette. responsible; or (c) the Minister, acting on the advice of the Chief Health Ministerial orders Officer; or

8. (1) In pursuance of the object of these regulations the Minister (d) the Chief Health Officer, after consulting the Minister; may (in consultation with the President, and in conformity with any or directions the President may give) by orders published in the Gazette— declares by any means likely to make such declaration known to the (a) impose restrictions of public traffic and of the movements school or schools concerned, that any specified school or group or of persons by means of curfews in any local authority; class of schools shall be regarded as a gathering for the purposes of (b) close schools or regulate and restrict school attendance this section. in any local authority; 394 391 Public Health (COVID-19 Prevention, Containment and S.I. 77 of 2020 Treatment) Regulations, 2020 (a) a police officer, peace officer or member of the (c) close places of worship and restrict gatherings or meetings municipal police force established for any local for the purpose of public worship in any local authority; authority; or (d) regulate, restrict or, where deemed necessary, close (b) the Chief Health Officer, every Director (Health in any local authority any place or places of public Services) of any local authority, every district entertainment, recreation or amusement, or where health officer of any district, and every medical intoxicating liquor is sold by retail, and regulate or officer of health (in each case assisted by a police restrict, or, where deemed necessary, prohibit the officer, peace officer or member of a municipal convening, holding or attending of entertainments, police force); assemblies, meetings or other public gatherings of less (c) an area civil protection officers identified pursuant than one hundred persons; to section 10; (e) direct the making of inquiries into the cause of death “FED declaration” means the declaration in terms of section of any person, apart from any inquiry by a magistrate 3(1) of COVID-19 as a formidable epidemic disease; under any other enactment; “gathering” means any assembly, concourse or procession of (f) order, when deemed necessary, post-mortem more than one hundred (100) persons, whether wholly examinations or exhumations; or partially in open air or in a building; (g) prohibit in special circumstances the burial of any dead “isolation” means separating a sick individual with COVID-19 body in any local authority except on a certificate by a from healthy individuals in such a manner as to prevent medical officer appointed to grant such certificates or the spread of infection or contamination by COVID-19; after compliance with any other specified conditions; “quarantine” means separating asymptomatic individuals (h) regulate the mode of disposal, the times and places of potentially exposed to COVID-19 from non-exposed burial of dead bodies and the manner of conducting individuals in such a manner as to prevent the possible removals and burials thereof in any local authority; spread of infection or contamination by COVID-19; (i) regulate and restrict and, if deemed necessary, prohibit “school” means a Government school or a school registered the removal of merchandise or any article or thing into, under the Education Act [Chapter 25:04]. out of or within any in any local authority or specified or defined area; Declaration of COVID-19 as Formidable Epidemic Disease (j) facilitate the provision of disinfecting plant and

3. (1) In terms of section 64(1)(a) of the Act, and for the purposes equipment, and the disinfection or, where disinfection of Sub-Part C of Part IV (“Infectious Diseases”) of the Act, COVID-19 is impossible, the destruction of any article or thing, is declared to be a formidable epidemic disease. or the disinfection of any premises which are or are believed to be contaminated with the infection of such (2) The declaration of COVID-19 as a formidable epidemic disease; disease has effect till the 20th May, 2020, unless the Minister earlier, by general notice in the Gazette, extends these regulations by a further (k) authorise in any local authority the inspection of premises month, and may, upon expiry of that extension, in like manner further and articles and the discovery and remedying of sanitary extend them for a month at a time. or other defects likely to favour the spread or render difficult the eradication of COVID-19; 390 395 Public Health (COVID-19 Prevention, Containment and Statutory Instrument 77 of 2020. S.I. 77 of 2020 [CAP. 15:17 Treatment) Regulations, 2020 Public Health (COVID-19 Prevention, Containment and (l) authorise in any local authority the evacuation, closing, Treatment) Regulations, 2020 alteration or, if deemed necessary, the demolition or destruction of any premises the occupation or use of ARRANGEMENT OF SECTIONS which is considered likely to favour the spread or render Section more difficult the eradication of such disease, and define the circumstances under which compensation may 1. Title. be paid in respect of any premises so demolished or 2. Interpretation. destroyed and the manner of fixing such compensation; 3. Declaration of COVID-19 as Formidable Epidemic Disease. (2) Any person who disobeys or fails to comply with an order 4. Object and scope of regulations. made in terms of subsection (1) shall be guilty of an offence and 5. Prohibition of gatherings. liable to fine not exceeding level 12 or to imprisonment for a period not exceeding one year to both such fine and such imprisonment. 6. Compulsory testing, detention, etc. to contain COVID-19.

7. Places of quarantine and isolation. Certification of certain enforcement officers 8. Ministerial orders.

9. (1) The chief executive officer of every local authority shall 9. Certification of certain enforcement officers. furnish each enforcement officer referred to in paragraph (b) of the 10. Assistance by area civil protection officers. definition of “enforcement officer” who is acting within the jurisdiction of the local authority with a certificate signed by or on behalf of the IT is hereby notified that the Minister of Health and Child Care chief executive officer stating that he or she has been appointed as has, in terms of section 68 of the Public Health Act [Chapter 15:17], an enforcement officer for the purpose of these regulations. made the following regulations:— (2) An enforcement officer referred to in paragraph (b) of the Title definition of “enforcement officer” shall, on demand by any person affected by the exercise of the powers conferred upon enforcement 1. (1) These regulations may be cited as the Public Health officers under these regulations, exhibit the certificate issued to him (COVID-19 Prevention and Containment) Regulations, 2020. or her in terms of subsection (1). Interpretation Assistance by area civil protection officers 2. In these regulations—

10. At the request of the Minister, the National Civil Protection “area civil protection officer” means an area civil protection Committee constituted under the Civil Protection Act [Chapter 10:06] officer referred to in section 17 of the Civil Protection may identify area civil protection officers who, in any local authority Act [Chapter 10:06]; and acting under the guidance in that local authority of any enforcement officer referred to in paragraph (b) of the definition of “enforcement “COVID-19” means the Novel Coronavirus (2019-nCov), officer”, shall act as enforcement officers for the purposes of these which is an infectious disease caused by a virus which, regulations. having emerged during 2019, was declared a global pandemic by the World Health Organisation on the 11th March, 2020; Supplement to the Zimbabwean Government Gazette Extraordinary dated the 23rd March, 2020. Printed by the Government Printer, Harare. “enforcement officer” means— 396 389