Notice- Regulations Alert Level 3 under the Disaster Management Act

Posted in KUSA News

Regulations for Alert Level 3 during COVID-19 lockdown, issued under the Disaster Management Act, No. 57 of 2002 

With dog shows proceeding under Adjusted Alert Level 3, it is necessary for the Kennel Union to bring the following to the attention of all those hosting and organising dog shows, and those contemplating attending them:

The Regulations issued in terms of the Disaster Management Act for Adjusted Alert Level 3 provide, inter alia, as follows in respect of “social gatherings”, provisions which also cover KUSA-licensed dog shows:

  • The owner or operator of the facility where the gathering is held must display a “certificate of occupancy” which states the maximum number of people the facility may hold, i.e. 100. [Regulation 36(2)]
  • Failure to display a “certificate of occupancy” renders the owner or operator of the facility liable to a fine or six months’ imprisonment, or [Regulation 36(3)]
  • The convener of a gathering must ensure the limitation of 100 persons at an outdoor facility is [Regulation 36(5)]
  • Failure to comply with the 100 persons limitation constitutes an offence on the part of the convener which, upon conviction, renders him/her liable to a fine or six months’ imprisonment, or [Regulation 36(6)]
  • Any person attending a gathering who knows, or ought reasonably to have known or suspected, that the number of people will exceed the 100-persons limit, will be guilty of an offence and, upon conviction, be liable to a fine or six months’ imprisonment, or both. [Regulation 36(7)]
  • In happening upon a gathering exceeding 100 people, an enforcement officer must order the assembled to disperse immediately. Any persons refusing to disperse may face arrest and detention under the Criminal Procedure Act, 51 of 1977. [Regulation 36(14)]

It is important for all those involved in the hosting and organisation of dog shows to be aware that KUSA’s Public Liability Insurance only covers KUSA-licensed events insofar as they are “legal” under prevailing national laws. In consequence, owners and operators of venues, as well as conveners of dog shows, are hereby advised that KUSA accepts neither responsibility, nor liability, vicarious or otherwise, for shows at which the legislated limits for gatherings are not strictly observed.

Any transgression in the upholding of the legislated limitation of a gathering shall automatically invalidate the licence KUSA had issued for the show. Should any liability arise from a show at which the authorised size of the gathering had been exceeded, such liability shall fall to the owner or operator of the facility, or the convener of such unlawful gathering, as the case may be.

Pascale Midgley

General Manager

The Kennel Union of Southern Africa

30.07.2021