VACATING LEASED PREMISES DURING LEVEL 4 LOCKDOWN
On 29 April 2020 further regulations were issued in terms of the Disaster Management Act, No. 57 of 2002. In terms of such regulations, during Alert Level 4 the movement of persons are still very strictly regulated.
Every person is confined to his or place of residence. One may only leave their place of residence to: –
1. Perform an essential or permitted service, as allowed in Alert Level 4;
2. Go to work where the required permit has been issued;
3. Buy permitted goods;
4. Obtain services that are allowed to operate during Alert Level 4;
5. Move children, as allowed;
6. Walk, run or cycle between the hours of 06h00 to 09h00, within a five kilometer radius of their place of residence.
Movement between provinces, metropolitan areas and districts are even stricter and are prohibited except in the following circumstances: –
1. For workers who have a permit to perform an essential or permitted service who have to commute to and from work on a daily basis;
2. The attendance of a funeral, as allowed;
3. The transportation of mortal remains;
4. For learners who have to commute to and from school or higher education institutions on a daily basis during periods
when those institutions are permitted to operate.
Persons are granted a once-off opportunity to return to their place of residence or work if they were not at their place of residence or work before the lockdown period commenced and could not travel during the lockdown. Once they return, they must stay in such place until the end of Alert Level 4.
From the above, it is clear that occupants will not be entitled to move during Alert Level 4 lockdown. The exceptions on movement during this phase are very limited and do not include change of residence. The once-off opportunity to return to their place of residence or work is only applicable if the specific criteria noted above are met. This exception may not be used by occupants to move unless they meet such criteria and will not apply to most instances.