FOR SA FAQ: Adjusted Level 2 Regulations for Faith-Based Gatherings

(Updated: 15 September 2021)

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 that the document is intended to serve as a guideline only, and FOR SA cannot be held legally liable for reliance thereon.

It remains the responsibility of every church or religious organisation to:

• familiarise themselves with the Regulations and Directions that apply from time to time
• obtain legal advice particular to them

By all means freely distribute the FAQ document we have produced to your constituents.

View PART B on our Website.

Context & Purpose

On the evening of 12 September 2021, the President announced that the country would move to Adjusted Level 2.

That same evening, the Adjusted Level 2 Regulations were promulgated, allowing faith-based gatherings subject to certain numerical and other conditions.

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

• PART A – Adjusted Level 2 Regulations for faith-based gatherings
• PART B – Consolidated Directions on Occupational Health and Safety Measures (28 May 2021)

PART A: Faith-Based Gatherings

General Services

Q: Can we have church / religious services?

A: Yes.

In terms of Regulation 53(4)(i):

• Indoor: 250 persons maximum
• Outdoor: 500 persons maximum
• Or 50% capacity if venue too small

Requirements:

• Masks
• Social distancing (1.5m)
• Curfew: 23H00 – 04H00

Important:

• Closing time: 22H00 (Regulation 50(3)(l))

Q: What happens if we don’t close at 22H00?

A: It is a criminal offence.

• Penalty: fine and/or 6 months imprisonment
• Police may:
  • disperse gathering
  • arrest individuals

Q: Do we need to display an occupancy certificate?

A: Yes.

• Required under Regulation 53(2)
• Must show maximum capacity

Failure to comply:

• Criminal offence
• Fine and/or imprisonment

Q: Can church buildings open?

A: Yes.

Unlike previous Level 4 restrictions, there is no prohibition on places of worship opening.

Alternative Venues

Q: Can services be held at other venues (e.g. school halls, conference centres)?

A: Yes.

The Regulations:

• do not limit where gatherings can take place
• define places of worship broadly

Permitted:

• conference facilities
• theatres
• other regularly used premises

Limits still apply:

• 250 indoor / 500 outdoor
• or 50% capacity

Important note:

• Some schools may still restrict access
• This remains a landlord–tenant discussion

Small Groups & Social Gatherings

Q: Can we have small group meetings in homes?

A: Yes.

Allowed under Regulation 53(4)(ii), subject to:

• same limits (250 / 500 / 50%)

Legal Compliance

Q: What happens if we exceed maximum capacity?

A: Both organisers and attendees can be liable.

• Criminal offence
• Penalty: fine and/or 6 months imprisonment
• Police may disperse or arrest

Funerals

Q: How many people may attend a funeral?

A:

• Max 50 persons
• Or 50% capacity

Requirements:

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

Q: Is there a time limit on funerals?

A: Yes.

• Maximum duration: 2 hours

Children’s Church

Q: Can we have children’s church?

A: This remains a grey area.

FOR SA guidance:

Safest option:

• Children sit with parents (within total capacity)

Alternative (defensible):

• Separate children’s church possible if protocols followed

Best practice:

• Keep total attendance within 250 limit (including children)

Record Keeping

Q: Must we keep a record of attendees?

A: Yes.

• Required under Clause 8(2)
• Must include:
  • names
  • contact details

Retention period:

• 6 months

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 risks

Hospitality

Q: Can we serve tea/coffee?

A: It is arguable that it is permitted under social gathering rules.

Recommendation:

• Serve (don’t self-serve)
• Use pre-packed items

Note:

• Mask rules complicate this in practice

Weddings

Q: What does this mean for weddings?

A: Weddings are permitted.

Includes:

• ceremony (faith-based gathering)
• reception (social gathering)

Limits:

• 250 indoor / 500 outdoor
• or 50% capacity

All health and curfew rules apply.

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