On 28 September 2021, Parliament enacted certain amendments to the Public Health Act [CAP 63:01] (“the Act”) introducing precautionary measures to curb the spread of Covid-19. These amendments came into operation on 01 October 2021 after the lifting of the State of Public Emergency on 30 September 2021.
1. Public Health (Notification Of Disease) (Covid-19) Order, 2021
This Order was enacted pursuant to the powers conferred to the Minister of Health and Wellness (“the Minister”) under Section 52 of the Act to declare any disease a notifiable disease.
Therefore, the Minister has declared Covid-19 a notifiable disease under the Act.
2. Public Health (Prevention of Introduction or Spread of Covid-19) Order, 2021
This Order was enacted pursuant to the powers conferred to the Minister in terms of the following sections:
- section 75 of the Act which confers on the Minister the power to prohibit, restrict or regulate the immigration or importation, into Botswana, of any person, likely, to introduce any communicable disease or impose restrictions or conditions as regards the examination, detention, cleansing or otherwise of any person.
- section 80 of the Act which confers on the Minister the power to among other things:
- regulate, restrict or prohibit the entry into Botswana, at its borders or any specified part of Botswana, of any person; and
- impose requirements or conditions as regards the medical examination, detention, quarantine, cleansing, vaccination, isolation or medical surveillance or otherwise, of persons entering Botswana.
The Highlights of this Order are as follows:
- A person who enters into Botswana is required to:
- present a negative PCR test result, or any other test result as the Director may determine, not older than 72 hours from time of departure from the country of origin at the port of entry; or
- at their own cost, where he or she is unable to present a negative PCR test result undertake immediate Covid-19 PCR testing,or isolate within the district of port of entry where the test result is positive.
- Any person who does not meet these requirements will not be allowed entry into Botswana.
3. Public Health (Covid-19 Control Measures) Regulations, 2021
These Regulations were enacted pursuant to the powers conferred on the Minister by section 177 of the Public Health Act which provides that the Minister may make regulations for any matter which under the Act is to be provided for by regulations or which is required for the better carrying out of the objects and purposes of the Act.
The highlights of these regulations are as follows:
- a person in a gathering, public place or public service vehicle is required to wear a face mask. However any person who has a medical condition or disability which makes wearing a face mask unsuitable and such condition or disability is certified, in writing, by a medical practitioner and infants shall not be required to wear a face mask;
- a person responsible for a child at a pre-primary school, primary school or post primary school shall, as far as practicably possible, ensure that the child is wearing a face mask;
- a sport and recreational host shall ensure that a person in attendance of a sport and recreational activity wears a face mask. However, a participant in a vigorous sport activity shall not be required to wear a face mask;
- a person in a public place shall maintain a social distance of one to two metres from another person in a gathering, place of trade or business, school, place or industry where goods or services are offered to the public, and public place or any place accessible to the public;
- a person-in-charge of a trade, business, school, industry or place where goods or services are offered to the public, a public place or any place accessible to the public, including a public service vehicle, is required to-
- provide a person accessing such place or vehicle with clean water and soap to wash their hands or with a hand sanitiser with alcohol content of at least 70% and where a person refuses or does not wash or sanitise their hands, the person-in-charge shall not allow such person access into the place or vehicle; and
- place distance makers to ensure that persons accessing the place or vehicle comply with social distance requirements.
- a host or convener of a gathering shall –
- take the body temperature of a person who seeks to attend the gathering, and where a person’s body temperature is 37.4 degrees Celsius or above, such a person shall not be allowed to attend;
- provide a person attending the gathering with clean water and soap to wash their hands or hand sanitiser with alcohol content of at least 70%;
- ensure that persons in attendance of the gathering observe social distance requirements of being at least one to two metres apart from each other; and
- where the facilities are indoors ensure that there is a minimum of 30 minutes break every two hours to allow for ventilation, and ensure disinfection of the premises at such intervals as the Director may determine.
- a sport and recreational host is required to ensure that water bottles and hydration containers are not shared by participants and to appoint an adult to supervise all junior sport and recreational activities;
- a public transport operator is required to clean the interior and exterior of a public service vehicle with water and soap or sanitise the vehicle two to three times a day, or after every trip for long distance routes;
- a person who seeks to access a public place or public service vehicle shall, before accessing such public place or public service vehicle, wash their hands with clean water and soap or hand sanitiser with alcohol content of at least 70%;
- a person who is exposed to a Covid-19 positive person shall quarantine for a minimum period of 14 days at such place as the Director may specify, and shall, at the expiry of the period, undergo a Covid-19 test; and
- a person who tests positive for Covid-19, and who has not recovered, shall isolate at such place as the Director may specify, for a period of 10 days or such period as the Director may determine.
For further information, kindly contact Yemulani Alfred at yemulani@bookbinderlaw.co.bw or +267 391 2397.