COVID-19 IN A NUTSHELL...21 days and are essential to resume operations after the lockdown are...

COVID-19 IN A NUTSHELL Implementation Framework to ensure that all our country Men and

Women and others across the world have access to healthy food whilst

ensuring the health and wellbeing of our Employees

E-mail: [email protected]

Tel: 015 307 2725

Cell: 082 831 9168

REVISION 0

mailto:[email protected]

COVID-19 IN A NUTSHELL REV 0 Page 1 of 24

COVID-19 IN A NUTSHELL

Agri Limpopo, in partnership with you the farmer, stands ready and committed to ensure that

all our country men and women and others across the world have access to healthy food.

In terms of the ‘Lockdown’ Regulations gazetted in terms of the Disaster Management Act :

All citizens are ordered to be confined to their residence, unless strictly for the purpose of

providing an essential service’ (amongst other specified reasons ); and

All business and other entities are required to cease operations, save for those involved in

the manufacturing, supply or provision of an essential good or service.

Food products, animal food and chemicals, packaging and ancillary products used in the

production of any agricultural product are classified as essential goods and/or services.

The Harvesting and storage activities essential to prevent the wastage of primary

agricultural goods and critical maintenance services which cannot be delayed for more than

21 days and are essential to resume operations after the lockdown are classified as an

essential service.

As a producer of food (an essential good) you, the farmer, are considered to be providing

an ‘essential service’.

In terms of the Regulations you are as the farmer (being the head of your

institution/enterprise) required to identify and designate which of your employees are

essential to the functioning of your farming operation. Only these persons (and you) are not

required to be in lockdown.

For these employees to travel freely between your farm and their places of residence you

are required to provide each employee with the requisite ‘Travel Permit’ as set out in the

regulations.

This manual is intended to empower to successfully comply with the Lockdown Regulations

as amended and the Basic Conditions of Employment Act.

Being classified as an essential service, brings with it an added responsibility of not only

producing food, but of also doing all that we can to ensure that our farm workers (our

partners in the production of food) remain in good health and Covid -19 (Corona) free. It

can’t be ‘business as usual’.

Bear in mind that the Regulations may be amended or refined from time to time. It is

incumbent upon us not to abuse the rights afforded to us and to act prudently and

responsibly at all times.

Minister Didiza has requested that as an industry we self-regulate our compliance with the

regulations as much as possible.

As Agri Limpopo, we urge you to comply with the provisions of the Regulations and this

manual for the good of the industry as a whole.

Piet Engelbrecht Deidre Carter

President CEO


Q A. WHAT IS CLASSIFIED AS ESSENTIAL GOODS?

A 1. Food

(i) Any food product, including non-alcoholic beverages;

(ii) Animal food; and

(iii) Chemicals, packaging and ancillary products used in the production of any

food product.

2. Cleaning and Hygiene Products

(i) Toilet Paper, sanitary pads, sanitary tampons, condoms;

(ii) Hand sanitiser, disinfectants, soap, alcohol for industrial use, household

cleaning products, and personal protective equipment; and

(iii) Chemicals, packaging and ancillary products used in the production of any of

the above.

(iv) Products for the care of babies and toddlers

(v) Personal toiletries, including haircare, body and face washes, roll -ons,

deodorants, toothpaste

3. Medical:

(i) Medical and Hospital Supplies, equipment and personal protective equipment;

and

(ii) Chemicals, packaging and ancillary products used in the production of any of

the above.

4. Fuel, including coal and gas

5. Basic goods, including airtime and electricity.

Q B. WHAT ARE ESSENTIAL SERVICES?

A Categories of essential services are confined to the following services:

1. Medical, Health (including Mental Health), Laboratory and Medical services and

the National Institute for Communicable Diseases;

2. Disaster Management, Fire Prevention, Fire Fighting and Emergency services;

3. Financial services necessary to maintain the functioning of the banking and

payments environment, including the JSE and similar exchanges, as well as

Insurance services and medical scheme administration;

4. Production and sale of the goods listed in Category A, above;

5. Grocery stores, including spaza shops;

6. Electricity (including vital demand management services) , water, gas and fuel

production, supply and maintenance;


7. Critical jobs for essential government services as determined by Head of National

or Provincial Departments in accordance with the guidance by the DPSA, including

Social Grant Payments;

8. Birth and death certificates, and replacement identifica tion documents;

9. Essential municipal services;

10. Care services and social relief of distress provided to older persons, mentally ill,

persons with disabilities, the sick, and children;

11. Funeral services, including mortuaries;

12. Wildlife Management, Anti -poaching, Animal Care and Veterinary services;

13. Newspaper, broadcasting and telecommunication infrastructure and services;

14. Production and sale of any chemicals, hygiene products, pharmaceuticals for the

medical or retail sector;

15. Cleaning, sanitation, sewerage, waste and refuse removal services;

16. Services related to the essential functioning of courts, judicial officers, the Master

of the High Court, Sheriffs and legal practitioners required for those services;

17. Essential SARS services defined by the Commissioner of SARS;

18. Police, peace officers, traffic officers, military medical personnel and soldiers,

correctional services officials and traffic management services;

19. Postal services and courier services related to transport of medical products;

20. Private security services;

21. Air-traffic Navigation, Civil Aviation Authority, Cargo Shipping and dockyard

services;

22. Gold, gold refinery, coal and essential mining;

23. Accommodation used for persons rendering essential services, quarantine,

isolation and the lockdown;

24. Production, manufacturing, supply, logistics, transport, delivery, critical

maintenance and repair in relation to the rendering of essential services including

components and equipment;

25. Transport services for persons rendering essential se rvices and goods, and

transportation of patients;

26. Services rendered by the Executive, members of Parliament, Members of the

Provincial Legislature, Members of Local Councils, the Judiciary, traditional

leaders and National Office Bearers. of Political Parties represented in Parliament;

27. Commissioners of the South African Human Rights Commission, Gend er

Commission, and the Commission for the Promotion and Protection of the Rights


of Cultural, Religious and Linguistic Communities, and the Public Protector and

Deputy Public Protector; and

28. Transport and logistics in respect of essential goods as set out in A above to

neighbouring countries.

29. Tow truck and vehicle recovery services;

30. Call centres necessary to provide health, safety, social support, governm ent and

financial services;

31. Harvesting and storage activities essential to prevent the wastage of primary

agricultural goods;

32. Implementation of payroll systems to the extent that such arrangement has not

been made for the lockdown, to ensure timeous payments to workers; and

33. Critical maintenance services which cannot be delayed for more than 21 days and

are essential to resume operations after the lockdown

Q 1. MUST I REGISTER AS AN ESSENTIAL SERVICE PROVIDER?

A 1.1 The Regulations do NOT require you to register. We do, however, propose that

you register as government seems intent on wanting to build a database of

‘essential service’ providers. Register by following the link

http://www.bizportal.gov.za/essential_service_apply.aspx

1.2 Registering on this system will on completion provide you with a CIPC Certificate

which might give comfort to business and employees if they get stopped by police

officers. It will also help government to better understand and better manage

essential business services during this time. The online portal is open, but

overloaded. The portal will remain open and businesses can contin ue to register

as and when they are able to do so

1.3 Trusts and Sole Proprietors providing essential services cannot currently register

on the system. Agri Limpopo has requested Agri SA to advise the Minister so that

this anomaly can be rectified.

1.4 Police in some areas of Limpopo are (wrongly so) insisting on this CIPC Certificate

1.5 PROCEDURE TO REGISTER ON CIPC

Q 2. MUST I PAY MY EMPLOYEES IF MY BUSINESS IS CLOSED DURING THE

LOCKDOWN?

A 2.1 If the employer can afford to pay the employee, it may decide to do so, and pay

her/his full remuneration or a portion thereof as a “lock down allowance” of sorts;

or grant the employee a loan to be recovered in due course; or claim from UIF

2.2 SEE UIF PROCEDURES

http://www.bizportal.gov.za/essential_service_apply.aspx


Q 3. CAN I REQUEST EMPLOYEES TO TAKE ANNUAL LEAVE? WHAT DO I DO IF

THEY DON’T HAVE ENOUGH LEAVE OR IF THEY REFUSE TO TAKE LEAVE

DURING THE LOCKDOWN?

A 3.1 YES

3.2 It is permissible to require the employees to take (paid) annual leave. It is well-

established in terms of the Basic Conditions of Employment Act that where an

employer and employee cannot agree on the time when the employee would take

leave, the employer may determine the time when the employee will take leave. It

is accordingly permissible for employers to require that employees take their

annual leave during the lockdown period. This is a sensible way to ensure that the

employee is paid during this time.

3.3 If they have no leave, the employer can decide to subsidise or otherwise clai m

from UIF

Q 4. CAN EMPLOYEES REFUSE TO WORK IF WE OFFER ESSENTIAL GOODS OR

SERVICES?

A 4.1 If employees do not want to come to work for fear of infection, then the

circumstances of the workplace must be taken into account before deciding on an

appropriate reaction. If the refusal to work is unreasonable, disciplinary action may

be considered but disciplinary steps should be a last resort and must be carefully

considered before implemented.

Q 5. SHOULD ALL EMPLOYEES COME TO WORK IF WE OFFER ESSENTIAL

GOODS OR SERVICES?

A 5.1 NO

5.2 During the lockdown there will be three categories of employees:

• employees in essential businesses or those in non -essential businesses who

perform essential functions, i.e. key persons, who would continue to work and

should continue to be paid;

• employees who are not in essential businesses but who can work remotely, and

who would accordingly continue to be paid; and

• employees who are not in essential businesses and who are not key persons

and who cannot work remotely.

Q 6. MUST I PAY ALL MY EMPLOYEES IF WE ON SKELETON STAFF OR ONLY

THOSE WORKING DURING THE LOCKDOWN?

A 6.1 NOT NECESSARILY, BUT EXERCISE CAUTION

There is no legal obligation to pay employees who are not working. The employer’s

obligation to pay arises from the employee’s ability and willingness to tender services.

During the national lockdown period, the employees cannot and may not work – not

because the employer requires that they do not work, but because of the lock down

order issued by government. (This situation is different from the case where the

employer requires the employee not to be at work because of a r easonable


apprehension of harm in that the employee had been in contact with someone who

tested positive for Covid-19, or presents with flu-like symptoms. Here it is the employer

that requires the employee to be absent on the basis of the employer’s duty t o ensure

a safe and healthy work environment. In these circumstances, the absence should be

paid, unless agreed otherwise.)

As regards employees who cannot work during the lock -down period, of course, if the

employer can afford to pay the employee, it may decide to do so, and pay her/his full

remuneration or a portion thereof as a “lock down allowance” of sorts; or grant the

employee a loan to be recovered in due course.

It is also permissible to require the employees to take (paid) annual leave. It is wel l-

established in terms of the Basic Conditions of Employment Act that where an employer

and employee cannot agree on the time when the employee would take leave, the

employer may determine the time when the employee will take leave. It is accordingly

permissible for employers to require that employees take their annual leave during the

lockdown period. This is a sensible way to ensure that the employee is paid during this

time.

Q 7. CAN AN EMPLOYEE BRING THEIR CHILDREN TO WORK IF WE OFFER

ESSENTIAL GOODS OR SERVICES?

A 7.1 NO

7.2 11 B. (1)(a) of the Regulations state “For the period of lockdown -

(i) every person is confined to his or her place of residence , unless strictly

for the purpose of performing an essential service, obtaining an essential

good or service, collecting a social grant, or seeking emergency, life -saving,

or chronic medical attention;”

Q 8. WILL EMPLOYEES BE ALLOWED TO TRAVEL TO WORK IF WE OFFER AN

ESSENTIAL SERVICE / GOODS?

A 8.1 YES

8.2 Employees must carry an ID or Drivers Licence with them at all tim es

8.3 Employees must be in possession of a Travel Permit (see Annexure A)

8.4 Where a person rendering essential services is unable to travel to and from his or

her place of employment, the employer must make the necessary transport

arrangements: Provided that –

(a) Bus services, taxi services and e-hailing services shall not carry more than 50%

of the licensed capacity of the vehicle; and

(b) private vehicles shall not carry more than 60% of the licenced capacity; and

(c) all directions in respect of hygienic conditions and the limitation of exposure to

persons with COVID-19, are adhered to

Q 9. MAY EMPLOYEES TRAVEL TO WORK ON PUBLIC TRANSPORT IF WE OFFER

AN ESSENTIAL SERVICE / GOODS?

A 9.1 YES – BUT it is advised that you make arrangements with Taxi’s as Taxi and

Bus Ranks are closed


9.2 Government Gazette 43157, section 5 stipulates

(1) All operators must ensure that public transport vehicles are sanitized before picking

up and after dropping off passengers.

(2) Operators must ensure that all public transport vehicles door and win dow handles,

armrest and handrails are sanitized before picking up and dropping off passengers.

3) Operators must ensure that all public transport vehicles are clean and tidy.

(4) All public transport operators must provide disinfection information mate rials and

procedures.

(5) All drivers must wear a mask.

(6) Any marshal who interacts with members of the public in public transport facility

should wear a mask.

(7) The sanitisers used to sanitise all public transport vehicles must have a minimum

of 60% alcohol content.

9.3 Government Gazette 43157, section 6 stipulates

(2) Transportation of passengers by buses is prohibited except when the bus is used

for purposes of fearing passengers rendering essential services.

(3) Public transport that shall be permitted to ferry essential services workers will

operate from 5H00 to 9H00 and again from 16H00 to 20H00

9.4 Government Gazette 43157, section 7

(1) No person is allowed to stand in a public transport vehicle.

(4) All public transport operators should put measures in place to adhere to social

distancing to curb the spread of the virus

Q 10. CAN WE TRANSPORT EMPLOYEES ON BAKKIES OR TRUCKS OR ANY

OTHER MOTOR VEHICLE IF WE OFFER AN ESSENTIAL SERVICE / GOODS?

A 10.1 The regulations state that “no more than 50% of the licensed capacity of the

vehicle is exceeded”. Thus, if a vehicle licence disk states 2 Occupant then that

vehicle may only have 1 occupant. Strictly interpreting the regulations no

passengers may be transported on the back of a Bakkie or Truck .

10.2 Agri SA has raised the matter with the Minister and we are hoping for an

amendment to the regulations.

Q 11. DOES THE EMPLOYER HAVE A RESPONSIBILITY TO ENSURE THAT

TRANSPORT IS SANITIZED

11.1 YES

11.2 Please ensure that the Driver of Public Transport follow the regulations set out

in Question 9

11.3 Please ensure that in the event of Private transport that the regulatio ns set out

in Q 9 is followed.


Q 12. WHAT DO I NEED TO DO FOR STAFF THAT NEED TO GET TO WORK FOR AN

ESSENTIAL BUSINESS?

A 12.1 We suggest all businesses provide a CONFIRMATION OF EMPLOYMENT

LETTER to each staff member on an official company letterhead.

We recommend the letter includes the following details:

• that the employer is a designated business;

• the name,

• ID number and

• employee-number of the employee;

• the position of the employee;

• the relevant section and category of essential service that the business

qualifies under; and

• that the employee is required to travel to and from work in order to perform

the essential business.

12.2 Complete the TRAVEL PERMIT

12.3 The employee must carry the following at all times:

• ID or Drivers licence

• Employment Letter

• Travel Permit

12.4 In addition, employees should, where possible also carry:

• a copy of the proof of registration on the http://www.bizportal.gov.za CIPC

website, once you have received a copy of this cert ificate. See

PROCEDURE TO REGISTER

• a company identity card may be carried if, applicable.

Q 13. WHAT PRECAUTIONS SHOULD I INSTITUTE IN THE WORKPLACE IF WE

OFFER AN ESSENTIAL SERVICE / GOODS?

13.1 Ensure that ALL Employees complete the HEALTH QUESTIONAIRE daily when

reporting for duty.

13.2 If facilities are available employers can take employees' fever when they report

for duty as well as when the clock out. If an employee’s f ever is higher than

37.5, it is recommended that the employee concerned be sent home

immediately and contact the Covid-19 helpline (0800 029 999) or WhatsApp

line (0600 123 456) as soon as possible to report it.

13.3 Ensure Employees follow the Agri SA SAFETY IN THE WORKPLACE

GUIDELINES below and display them clearly in the workplace. Communicate

this to everyone on the farm and make sure everyone understands the danger

of Covid-19.

13.4 Provide sufficient soap, clean water and hand sanitise r in all areas of work.

13.5 Ensure that surfaces are sanitised on a regular basis.

13.6 As a precaution, employers can take employees' fever every morning. If it is

higher than 37.5, it is recommended that the employee concerned be sent

home immediately and contact the Covid-19 helpline (0800 029 999) or

WhatsApp line (0600 123 456) as soon as possible to report it.

http://www.bizportal.gov.za/


Q 14. HOW WILL TRANSPORTATION OF GOODS BE MANAGED DURING THIS

PERIOD?

An essential business will be required to demonstrate that it is transporting a n

essential product or part of an essential service. A letter on a company letterhead

should explain why the transportation is part of an essential service, referring to the

relevant provision in the regulations.

Q 15. WILL I BE ABLE TO TRANSPORT GOODS ACROSS THE BORDER OR

THROUGH THE PORTS?

Yes, we expect that this will continue for essential products and services and the

ports are required to remain open.

Q 16. IF I CAN WORK FROM HOME, CAN I CONTINUE TO RUN MY BUSINESS?

We encourage people to cont inue to remain productive and work from home if this is

feasible provided that this does not require physical contact with non-residents or

impair the Covid19 response.

Q 17. CAN WE HAVE A WAIVER / REDUCTION OF PROPERTY RATES?

One of the categories of potential exemptions from property rates in terms of section

15 of the Local Government Municipal Property Rates Act of 2004 is owners of

property situated within an area affected by - (i) a disaster within the meaning of the

Disaster Management Act 2002 Act (ii) . A process will however have to be followed

to get such exemptions.


Official Stamp of

Organisation

COMPANY OR PERSONAL LETTERHEAD

ANNEXURE C

FORM 1

PERMIT TO PERFORM ESSENTIAL SERVICE

Regulation 11B (3)

“Food products are defined as essential goods in terms of the final lockdown regulations. The agricultural sector is involved in the production of food. Essential services related to the production of food such as supply of inputs, technical and scientific support, maintenance, harvesting, transport of agricultural workers and goods, storage, processing, packaging, delivery, distribution and procurement of food products are also categorised as essential services.”

Please note that the person to whom the permit is issued must at all times carry a form of identification to be presented together with this permit. If no identification is presented the person to whom the permit is issued will have to return to his or her place of residence during the lockdown

EMPLOYER’S DETAILS

Full Name Surname

ID Number Contact Nr

Cell Number Tel Nr (W)

Tel Nr (H) Email

Physical Address

EMPLOYEE’S DETAILS

Full Name Surname

ID Number Occupation

Work Address

Work Hours From To

I, the undersigned, in my capacity as the Employer hereby declare that the Employee stipulated above is in our employ and forms part of essential services.

Signed at on this day of 2020

____________________________

[EMPLOYER NAME]

Position

Contact number

“The use of the Agri SA logo on this permit, which is prescribed in Annexure C, Form 1 of the Final Lockdown Regulations published in the Government Gazette on 25 March 2020, is intended for use by members of Agri SA and their enlisted members only and may not be used by anyone who is not a member of Agri SA or its affiliates. The logo of the relevant affiliate must also appear on the permit. Agri SA will not be responsible for the use of its logo by non-members.”

Agri SA Travel Permit to perform essential services REV 3

If you do not have a stamp, insert the name of your farm!


ANNEXURE D

EMPLOYEE HEALTH QUESTIONAIRE

Each Employee to complete this form at the Start of every Shift

EMPLOYEE’S DETAILS

Full Name Surname

Company Nr Occupation

PLEASE TICK THE APPROPRIATE BOX

Do you have a cough?

Do you have a Cold?

Are you having Diarrhea?

Are you having a sore throat?

Are you having body aches?

Are you having headaches?

Do you have a fever?

Are you having difficulty breathing?

Are you experiencing fatigue?

Have you travelled during the last 14 days?

Have you been in contact with a person confirmed or suspected of having COVID-19?

Where testing is available, what is the Employee’s Temperature?

EMPLOYEE SIGNATURE DATE

Employee Health Monitoring Form 20200327 Rev 0

NO YES

NO YES

NO YES

NO YES

NO YES

NO YES

NO YES

NO YES

NO YES

NO YES

NO YES

YOUR LOGO


COMPANY OR PERSONAL LETTERHEAD

ANNEXURE E

CONFIRMATION OF EMPLOYMENT

TO WHOM IT MAY CONCERN

In terms of Annexure B, “Categorisation of essential goods and services during lockdown, Regulation 11A”,

as gazetted in Government Gazette 43148 on the 25 th of March 2020 and the subsequent amendment in

Government Gazette 43168 published on the 26 th of March 2020, COMPANY NAME is an essential goods

and services provider.

This letter serves to confirm that the following Person is an Employee of THE COMPANY.

NAME:

SURNAME:

ID NUMBER:

POSITION:

EMPLOYEE NR:

Should you require any further information please do not hesitate to contact :

CONTACT:

POSITION:

TEL NR:

Signed at on this day of 2020

____________________________

[EMPLOYER NAME]

Position

Contact number

“The use of the Agri Limpop’s logo is intended for use by members of Agri Limpopo and their enlisted members only and may not be used by anyone who is not a member of Agri Limpopo or its affiliates. The logo of the relevant affiliate must also appear on the permit. Agri SA will not be responsible for the use of its logo by non-members.” Agri Limpopo Confirmation of Employment Form REV 0


PROCEDURE TO REGISTER ON CIPC WEBSITE AS AN ESSENTIAL SUPPLIER

1. Open http://www.bizportal.gov.za/

2. Select SERVICES

3. The following screen will appear

4. Select the RED Link – COVID-19 ESSENTIAL SERVICES


http://www.bizportal.gov.za/


6. Select NEW APPLICATION


8. Type in enterprise number

9. Select SEARCH



11. Select Category

12. Does this business use a "trading as" name? If so, type in the name

13. How many employees are required to work during the lockdown?

14. Press continue


16. Complete the ID of contact person

17. Complete the first name of the contact person

18. Complete the surname of the contact person

19. Complete What is the email of the contact person

20. Complete What is the cell phone of the contact person

21. Select Continue


22. It will take a few hours for the certificate to appear

23. After 12 hours select https://testar.cipc.co.za/

24. Type your enterprise number and press download

https://testar.cipc.co.za/

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