My Rights in the time of CoVid-19

Help the general public understand their rights during the international CoVid-19 pandemic.

LexisNexis South Africa (LNSA) has launched a project aimed at informing the general public of their
rights during this difficult time that affects us all. LNSA will create a blog on its News and Insights site
(example at https://www.lexisnexis.co.za/news-and-insights/law-and-technology) that will be free
for anyone to access.

We call upon you, as the legal profession, to contribute to this worthy initiative by writing articles
free of charge that will address the questions listed in this notification. Please feel at liberty to
suggest, and write, articles on questions that pertain to the theme and that have not been raised.

All articles will be professionally edited and will be posted on the blog once accepted. Your
authorship will be fully acknowledged and the articles will be open for all to access.

Please join LexisNexis and its team of editors in this worthy endeavour.

All submission to caselaw@lexisnexis.co.za with a short bio and a high-res head-and-shoulder photo.

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“This is the most decisive Thuma Mina moment for our country”
President Cyril Ramaphosa, address to the Nation, 15 March 2020
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CONSUMER LAW
• Can I claim back the full price of my airline ticket and/or tour to a country which is now
prohibited access to or which we, as South Africans, are not allowed to enter?
• What happens in a situation where the travel insurance taken does not specifically cover a
pandemic like corona virus?
• I planned on hosting a party, I have booked and paid for a venue, caterers, entertainment
etc. Due to the ban on gatherings of more than 100 people I had to cancel the event. Can I
claim a full refund from the venue hire and other service providers?

CONTRACT
• What are the different effects CoVid-19 has not only in terms of Force Majeure, but also in
terms of the lesser-known "Hardship Clause"?
• Are you still obligated to pay for your child’s day care fees if schools have been shut down?

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CRIMINAL LAW
• Will panic and fear constitute a criminal defence for a lesser crime (minor assault)?
• What are the rights of prisoners in this time?
• Will the limitations on gatherings beyond a certain number be applied to them (in terms of
the number of prisoners allowed per cell)?
• How will prisoners be quarantined?
• How will social distancing be successfully applied in a prison environment?
IMMIGRATION
• What happens to a foreign national if they are prohibited from returning home (to a country
that has a high risk of CoVid-19) and where that foreign national’s work visa is about to
expire?

HEALTH AND SAFETY

• How can I protect my employees in the client environment?

LABOUR LAW
• My colleagues and I have recently been retrenched and are due to complete our notice
period at the end of April. Given the circumstances, can the employer force us to complete
the remainder of the notice period?
• My employer has shut down the business due to the Coronavirus outbreak. We will be paid
our basic salary however most of my income comes from commission earned. Do I have
claim against my employer for my average commission earned?
• In terms of a force majeure does the principle of "no work, no pay" apply. If yes, because of
the acceptance of the force majeure, does that not also mean the employment contract is or
can be cancelled due to the force majeure? Are there any insights on this?
• Can I be forced to come to work if I’m scared?
• How far does the duty to create a safe environment for employees extend during this corona
outbreak?
• Am I still bound by all my contractual obligations as an employee, where my contract
includes foreign travel?
• Will my salary be affected if my company has shut down due to corona virus?
• Can I be dismissed for refusing to do work which may expose me to the corona virus?
• Do I have the right to self-quarantine and work from home?
• If we are forced to be quarantined, will this be regarded as sick leave or special leave?
• Where an employee requests voluntary self-quarantine, will he/she be granted sick leave to
do so?
• What is an employer’s obligation to an employee who is under quarantine?
• Is my company mandated to undergo a shut-down where my employees exceed 50 in
number?
• If I am infected by corona whilst on duty is my company liable for medical costs and salary?
• Where an employer fails to send home a sick employee, is this a contravention on the part
of the employers?
• Can I be sued for failure to abide by contractual terms where delays in the service industry
have been caused due to corona virus outbreak?

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• I resigned from a job on verbal agreement to begin work at another company. The virus has
now reached our country, business has hit a downward spiral and companies are suffering
financially. Do I still have a job based on a verbal agreement? How do I enforce this should
my prospective employer advise that all positions are frozen or that they will let me know in
due course without a definite time/date by which I will be notified. Can my verbal
agreement still stand in order for me to get paid from the date I was scheduled to
commence work?
• Can employees elect to work from home?
• How much notice should domestic workers and gardeners be given?
• To what extent do employers of domestic workers have the obligation to send their workers
home?
• To what extent do employers of domestic workers have the obligation to continue paying
their domestic workers who no longer have a job due to the virus?
• Can an employer temporary layoff an employee?
• What rights do employees have where an employer forces an employee to take leave to
prevent the spread of the virus?
• Where forced to take leave to prevent the spread of the virus, will the employee be taking
sick leave or normal (vacation) leave?
• If an employee exhausts sick leave, will he/she be granted other paid leave?
• What happens if I would rather stay home because of the rapid spread of the virus but my
employer insists that I come to work or implement unpaid leave should I choose to stay at
home?
• What rights do employees have where an employer forces and employee to continue
working despite the on-going concern on the spread of the virus?
• What practical steps are employers obligated to take to ensure that the work environment is
safeguarded from CoVid-19?
• Where an employer decides to close down in order to avoid the spread of the virus, and
thereby keeps an employee out of work even although he/she does not have CoVid-19, is
there an obligation to compensate that employee?
• What happens where an employee refuses to come to work for fear of contracting the virus?
• Will an employee be able to refuse to travel as part of their work obligations?
• How can an employer manage employees who have to travel out of South Africa for work?
• How can employers effectively monitor employees who are working remotely?
• If an employee contracts CoVid-19 at work, are they covered by worker’s compensation?
• What are my rights, if I am told that my employer has embarked on short time as they were
not able to receive imports required for their production?
• Will I receive a salary if my company decides to close business due to the coronavirus?
• Are employers required to remunerate employees at the same rate if they are working from
home?

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NATIONAL EMERGENCY
• As per the President’s address where public gathering of 100 or more people have been
prohibited, does the term “public” gathering exclude private gatherings (birthdays,
weddings)?
• Gatherings of over 100 people has been “prohibited”. What does a prohibition actually
entail? Can people be arrested for hosting events at this time?
Are there penalties for people who have gatherings where 100s of people attend, but the
person hosting the gathering has not invited them or has asked them not to attend due to
the virus but they attend anyway eg. A funeral service or burial/cremation?
• What will happen to religious organizations who insist on hosting services or religious
gatherings of over 100 people? Will their Constitutional right to practice their religion
override the instructions of government? In a time of crisis do the instructions from
Parliament or worldwide unions override written legislation?
PROPERTY LAW
• Do landlords or tenants have any obligation to report the virus (to each other) under their
lease?
• What rights do tenants have where a landlord decides to close down the building to prevent
the spread of the virus?
• What rights do landlords have where a tenant decides to “close up shop” in order to prevent
the spread of the virus?

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