‍FOR SA FAQ: Adjusted Level 1 Regulations for Faith-Based Gatherings‍

(Updated: 6 October 2021)

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Introduction

FOR SA and the outstanding legal team that we have been working with have made a close examination of the Regulations and Directions promulgated by Government inasmuch as they affect the religious community in their “Places of Worship”.

This FAQ document details some of the frequently asked questions in this regard, and FOR SA’s interpretation of the applicable Regulations and Directions.

Please note:

• This document serves as a guideline only
• FOR SA cannot be held legally liable for reliance thereon
• Each church or religious organisation remains responsible to:
  • familiarise themselves with the applicable Regulations and Directions
  • obtain legal advice specific to their context

By all means freely distribute this FAQ document to your constituents.

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Scope of This Document

On the evening of 30 September 2021, the President announced that the country would move to Adjusted Level 1.

That same evening, the Regulations were promulgated, allowing faith-based gatherings subject to certain conditions.

This document aims to assist churches and religious organisations in understanding:

• PART A – Adjusted Level 1 Regulations for faith-based gatherings
• PART B – Consolidated Directions on Occupational Health and Safety Measures (28 May 2021)

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Important Note on Directions vs Regulations

It is unclear whether new Directions will be issued under Adjusted Level 1.

It may therefore be prudent to follow the previous Level 1 Directions issued on 1 October 2020.

Important principle:

Where Directions and Regulations conflict, the Regulations take precedence.

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PART A: Faith-Based Gatherings

General Gatherings

Q: Can we have church / religious services?

A: Yes.

In terms of Regulation 69(4)(i):

• Indoor: Max 750 persons
• Outdoor: Max 2,000 persons
• If venue too small → 50% capacity limit

Requirements:

• 1.5m social distancing
• Masks required
• Curfew: 00H00 – 04H00

Q: Is there a closing time for churches?

A: Yes.

• Closing time: 23H00 (Regulation 66(3)(l))

Recommendation:

• End services early to allow full exit before 23H00

Q: What happens if we don’t close at 23H00?

A: It is a criminal offence.

• Penalty: fine and/or 6 months imprisonment
• Police may:
  • disperse gathering
  • arrest if non-compliant

Q: Do we need to display an occupancy certificate?

A: Yes.

• Must display maximum capacity (Regulation 69(2))
• Failure = criminal offence
  • Penalty: fine and/or imprisonment

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Venue Flexibility

Q: Can services be held outside a church building?

A: Yes.

Permitted venues include:

• Conference centres
• School halls
• Other premises used for religious purposes

Limitations still apply:

• 750 indoor / 2,000 outdoor
• 50% capacity if smaller venue

Important:

• Schools may still restrict use based on prior Directions
• Requires agreement between church (lessee) and venue (landlord)

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Small Groups & Social Gatherings

Q: Can we have small group meetings in homes?

A: Yes.

Allowed under Regulation 69(4)(ii):

• Same limits apply (750 indoor / 2,000 outdoor / 50% capacity)

Legal Liability

Q: What if we exceed the maximum number of people?

A: Both organisers and attendees can be liable.

• It is a criminal offence
• Penalty: fine and/or 6 months imprisonment
• Police may disperse gathering or arrest

Timing Considerations

Q: Is there a time limit on services?

A: No formal limit (unlike funerals)

Q: Must there be time between services?

A: Not in Regulations, but Directions recommend:

• At least 1 hour between services

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Funerals

Q: How many people may attend a funeral?

A:

• Max 100 persons
• Or 50% capacity

Rules:

• Masks required
• Social distancing required
• No night vigils or after-tears

Q: Is there a time limit on funerals?

A: Yes.

• Maximum: 2 hours

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Children’s Church

Q: Can we have children’s church?

A: This is a grey area.

FOR SA guidance:

Safest option:

• Children sit with parents (within total capacity)

Alternative (defensible):

• Separate children’s church allowed if protocols followed

Best practice:

• Keep total attendance within 750 limit (including children)

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Screening & Record Keeping

Q: Must we screen attendees and keep records?

A: Yes.

Requirements:

• Screen for COVID-19 symptoms
• Keep attendance register including:
  • name
  • address
  • contact details

Retention:

• Minimum 1 month

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Rituals & Physical Contact

Q: What about baptisms and laying on of hands?

A: Physical contact is not permitted.

• Must maintain 1.5m distance
• Rituals requiring contact may not be performed

Churches may:

• adapt practices
• or proceed knowing legal consequences

Communion

Q: Can we have communion?

A: Yes, with restrictions:

• No sharing of bread or juice
• Each person must bring their own elements

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Hospitality

Q: Can we serve tea/coffee?

A: Yes.

• Allowed under social gatherings
• Must follow health protocols

Note:

• No sharing of liquids (Clause 7(5))

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Weddings

Q: What does this mean for weddings?

A: Weddings are allowed.

Includes:

• Ceremony (religious gathering)
• Reception (social gathering)

Limits:

• 750 indoor / 2,000 outdoor
• Or 50% capacity

All health and curfew rules apply.

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End of Document

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