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FIA summary of important lockdown 3 regulations

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LEVEL 3 REGULATIONS ISSUED IN TERMS OF THE DISASTER MANAGEMENT ACT 

The Department of Cooperative Governance has today signed off on the regulations that will be applicable when the country moves to Level 3 of lockdown on 1 June 2020.  The following aspects are important, but are not a full summary of the applicable regulations: 

General

  • Alert Level 3 will apply nationally from the 1st of June 2020.  Government has identified the following areas as hotspots:
    • Tshwane
    • Johannesburg
    • Ekurhuleni
    • Ethekwini
    • Nelson Mandela Bay
    • Buffalo City
    • Cape Town
    • West Coast, Overberg and Cape Winelands district municipality
    • Chris Hani district in the Eastern Cape
    • iLembe district in Kwazulu Natal
  • A determination may be made that different alert levels apply at national, provincial, metropolitan or district level or in a hotspot.  This will be done taking into account the number of active cases per 100 000 population, the rate of increase of active cases, and the availability of medical resources. 
  • Movement of people may be restricted in and out of hotspots.  

Movement of persons

  • A person may leave a place of residence to perform any service permitted under Level 3, or to travel to and from work.
  • The requirement to wear a face mask maintains compulsory. 
  • Movement of persons between provinces, metropolitan areas and districts and hotspots are prohibited, except where a person is performing a service permitted under Level 3, provided that the person is in possession of a permit that corresponds with Form 2 of Annexure A of the regulations.
  • All gatherings are still prohibited, except for faith-based institutions where the limitation is 50 persons or less, or for persons at their workplace for work purposes. 

Operation of economic and public sector

  • All sectors are open, except as listed in Table 2 of the regulations.
  • Business with more than 100 employees, must minimise the number of employees at the workplace at any given time through rotation, staggered working hours, shift systems, remote working arrangements or similar measures, to ensure social distancing and limit congestion in public transport.
  • The relevant health protocols and social distancing measures must be complied with as set out in the various legislations.
  • Special measures must be implemented for employees over 60, or those with co-morbidities to facilitate their safe return to work.  Where possible, they must work from home.
  • Financial services firms, amongst others with more than 500 employees must finalise appropriate sector or workplace arrangements to address the following:
    • Provide or arrange transport for employees, or consider staggered working time arrangements to reduce congestion in public transport;
    • Stagger return of employees to ensure workplace readiness and avoid traffic congestion during peak travel times;
    • Screen employees daily for Covid-related symptoms, and refer those with symptoms for medical examination.  

Compliance

  • Industries, businesses and entities, both private and in the public sector must designate a Covid-19 compliance officer to develop a plan for the phased in return of their employees, which must correspondence with Annexure E of the regulations.  This plan must be retained for inspection. 
  • The requirements of what must be contained in this document, is noted in the regulations.
  • Employers must take steps to ensure customers keep a distance of at least 1.5 meters from each other, and that all directions in respect of health protocols and social distancing measures are adhered to. 

Table 2 – Alert Level 3

It important to take note of the following provisions:

  • All persons who are able to work from home must do so.  Person will however be permitted to perform any type of work outside the home, and to travel to and from work and for work purposes under level 3, subject to:
    • Strict compliance with health procotols and social distancing measures;
    • The return to work being phased-in, in order to put in place measure to make the workplace Covid-19 ready;
    • The return to work being done in a manner that avoids and reduces the risks of infection; and
    • The work not being listed under the specific economic exclusions in Table 2.

Subscriber Terms and Conditions

  1. APPLICATION OF TERMS
    • These terms and conditions (“Subscriber Terms”) apply to the subscription by any qualifying member of the South African Underwriting Managers Association NPC (“SAUMA”) to the services and benefits offered by FIA Services (Pty) Ltd (“FIA Services”) under the SAUMA affiliation arrangement (“Subscription”).

  2. NATURE OF SUBSCRIPTION
    • A Subscription under this arrangement:
      • does not constitute membership of FIA NPC;
      • does not confer any voting rights or governance participation in FIA NPC; and
      • is governed solely by the contractual relationship between the Subscriber and FIA Services.

  1. ELIGIBILITY
    • To qualify for the Subscription, the applicant must, at the time of application, be a current paid-up member of SAUMA.
    • FIA Services will verify the applicant’s SAUMA membership status with SAUMA prior to activation, and may re-verify such status periodically.
    • If a Subscriber ceases to be a paid-up member of SAUMA, the Subscription will correspondingly be terminated.
    • Applicants are required to authorise FIA Services to confirm their SAUMA membership status with SAUMA as part of the application process.

  1. SERVICES
    • The Subscription entitles the Subscriber to the following benefits:
      • Complimentary access to the FIA CPD Platform;
      • Complimentary access to the FIA Insight Magazine (digital edition);
      • Advertising opportunities on FIA platforms at a discounted rate of 15% (fifteen percent) off the prevailing published rates; and
      • Invitations to attend FIA Technical Webinars annually.
    • FIA Services reserves the right to update, vary or substitute the Services from time to time, provided that the overall value and nature of the benefits remain materially the same.

  1. FEES AND PAYMENT
    • The monthly subscription fee is R260.00 (two hundred and sixty rand) for up to seven registered individuals (Key Individuals and Representatives), and R36.00 (thirty-six rand) per additional registered individual thereafter, excluding VAT.
    • The Subscriber shall provide FIA Services with the required details of each individual to be registered under the Subscription for the purposes of activation and billing.
    • All fees are exclusive of VAT, which shall be charged at the prevailing statutory rate.
    • Subscription fees are reviewed annually in March and may be adjusted with effect from 1 April.
    • Any changes to the Subscription, including but not limited to the number of Representatives and Key Individuals registered under the Subscription, may only be effected once annually during the annual review period in March of each year, with such changes taking effect from 1 April.
    • Subscription fees shall be billed monthly in arrears, unless the Subscriber elects an annual billing cycle at the time of application.
    • The Subscriber shall ensure that all billing information (including contact details, authorised signatories and bank account details) is kept accurate and up to date.
    • Non-payment of subscription fees may result in suspension of access to the Services until such fees are brought up to date.
    • The Subscriber acknowledges and agrees that all subscription fees payable under these Subscriber Terms may be collected by way of debit order, which shall be processed by the holding company, FIA NPC (The Financial Intermediary Association of South Africa), on behalf of FIA Services. Payment to FIA NPC shall be deemed to constitute valid and sufficient discharge of the Subscriber’s payment obligations to FIA Services under these Subscriber Terms.

  1. ONBOARDING
    • Onboarding will be conducted as a Subscription with FIA Services under the SAUMA affiliation arrangement.
    • Onboarding will not confer FIA NPC membership status or any associated rights.
    • Onboarding is conditional on confirmation of the Subscriber’s current SAUMA membership at the time of application

  1. DATA PROTECTION
    • FIA Services will process all personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) as set out in our POPIA policies.
    • By subscribing, the Subscriber authorises FIA Services to confirm their SAUMA membership status with SAUMA and to process personal information for the purposes of fulfilling the Subscription.

  1. TERMINATION
    • The Subscriber may terminate the Subscription by giving FIA Services one calendar month’s written notice.
    • FIA Services may terminate the Subscription on one calendar month’s written notice, or immediately if the Subscriber breaches these Subscriber Terms and fails to remedy such breach within 14 (fourteen) days of receiving written notice.
    • Termination of the SAUMA–FIA Services affiliation agreement shall not automatically terminate these Subscriber Terms.
    • Termination by the Subscriber shall not relieve the Subscriber of liability for any subscription fees accrued up to the effective date of termination.
    • FIA Services may suspend or terminate the Subscription with immediate effect in the event of non-payment of fees by the Subscriber.

  1. GENERAL
    • These Subscriber Terms are governed by the laws of the Republic of South Africa.
    • Any disputes arising under these Subscriber Terms shall be dealt with in accordance with the dispute resolution provisions contained in the FIA NPC membership terms and conditions, as modified to reflect that the contractual relationship is with FIA Services.
    • Any notices required under these Subscriber Terms may be validly delivered by email to the addresses provided in the Subscriber’s application form, and such notices shall be deemed received on the day of transmission if sent during business hours.
    • The Subscriber may not assign, cede or transfer any of its rights or obligations under these Subscriber Terms without the prior written consent of FIA Services.
    • No variation of these Subscriber Terms shall be of any force or effect unless reduced to writing and signed by both FIA Services and the Subscriber.