Covid-19 crisis: An opportunity to ‘accelerate’ structural change
Publish date: 28 April 2020
Issue Number: 4925
Diary: Legalbrief Today
The Covid-19 crisis ‘presents an opportunity for SA to accelerate the implementation of some long-agreed-upon structural changes to enable reconstruction and growth’. This observation features in the introduction to a detailed Department of Cooperative Governance & Traditional Affairs presentation made on 20 April to Cabinet, notes Pam Saxby for Legalbrief Policy Watch. Apparently compiled for the national coronavirus control council, the presentation notes that the structural changes envisaged are expected to ‘positively impact on key economic and social sectors’, facilitating the transition to ‘a more inclusive economy’ while also ‘unlocking local production and export potential’. It was included among the documents made available on Saturday and, among other things, confirms that ‘input from industry and sector associations’ was considered when preparing the draft framework released for comment. During Saturday’s media briefing, Minister Patel said social media commentary on the lockdown had also been noted.
The presentation throws more light on key aspects of government’s new three-system approach to managing the Covid-19 crisis that, to date, appear not to have featured in mainstream media reports. Among other things, it spells out the factors to be considered in determining the most appropriate alert level at any given time. Although, initially, a new lockdown level will be imposed nationally, over time epidemiological evidence per province and district will inform decisions on the individual workplaces to be reactivated as each adapts to the level of infection and healthcare readiness in its locality. When a sector is ‘given permission’ to operate at a certain alert level, it will be required to phase in activity over four weeks. This will allow for a gradual transition between alert levels.
Strict return-to-work conditions will apply. In addition to generally applicable health and safety protocols, each sector will be required to agree to a ‘Covid-19 prevention and mitigation plan’, approved by the Minister of Health and ‘any other Minister relevant to the sector’. Individual workplaces will be expected to develop Covid-19 risk assessments and plans that should include ‘worker education on Covid-19 and protection measures’. Other issues to be addressed range from the identification and protection of vulnerable employees to safe transport arrangements; ‘good’ workplace ventilation; shift arrangements and canteen controls; managing sick employees; and rigorous monitoring systems.
According to the presentation, employers will be required to offer ‘workers above the age of 60’ and those with ‘comorbidities’ a ‘work-from-home option’ or allow them to ‘remain on leave’. Given government’s view that the movement of these citizens and their social interaction ‘should be limited’, there are apparently plans afoot to ‘revise’ the social grants disbursement model – among other things by making more use of electronic payments. While the ‘threat’ posed to the elderly by reopening SA’s schools is noted, no further detail is given beyond a reference to their interaction with ‘the caregivers of children’. Possibly related to this, the document concedes that social distancing may not always be possible – hence a requirement that the employees of all reactivated sectors wear cloth face masks.
Stakeholders were given 48 hours to make input on economic sectors likely to be reactivated at each level of the Covid-19 lockdown, with an annexure to the draft framework calling expressly for feedback from sector-specific representative associations, ‘federations of businesses and trade unions’ and members of the public. Unfortunately, however, although Saturday’s briefing took place at 11:00 as scheduled, technical challenges affecting the main government website and both departmental sites delayed the process of uploading the documents by several hours. At the time of writing, there was no indication that an extension to the deadline of midday, 27 April, might be considered. Once the framework has been finalised, it will be gazetted – along with what Minister Patel described during the briefing as a ‘comprehensive new public health and social distancing set of measures’. This is in anticipation of moving to lockdown level four on 1 May.