COVID-19: What you should know when travelling to a funeral

TRAVELLING TO A FUNERAL DURING COVID-19 LOCKDOWN? HERE’S WHAT YOU SHOULD KNOW

On April 2, 2020 Cooperative Governance and Traditional Affairs Minister, Nkosazana Dlamini Zuma, gazetted further amendments to the regulations governing the travel of persons to and from funerals under the Coronavirus-enforced lockdown. The amendments allow certain individuals to move between provinces, metropolitan and district areas for the purposes of transporting a body for burial purposes. The amendment also specifies the individuals who are permitted to travel to funerals.

Attendance at a funeral or cremation is limited to 50 people and will for purposes of the Regulations not be regarded as a prohibited gathering. The Regulations further provide that no night vigil shall be held and that all safety hygiene measures are strictly adhered to.

PERSONS ALLOWED TO ATTEND

The Regulations allow for the following people to attend a funeral:

• spouse or partner of the deceased;
• child of the deceased, whether biological, adopted or stepchild;
• child-in-law of the deceased;
• parent of the deceased whether biological, adopted or stepparent;
• sibling, whether biological, adopted or stepbrother or sister of the deceased;
• grandparent of the deceased; and
• person closely affiliated to the deceased.

Regarding the last category of persons listed under vii, closely affiliated means: (i) a person with parental responsibilities and rights in respect of the deceased; or (ii) a person who had developed a significant relationship based on caregiving, psychological or emotional attachment to the deceased.

HOW TO OBTAIN PERMISSION

The amended regulations outline the process that must be followed by persons seeking to obtain a permit. The steps to be followed are:

1. Obtain a permit which corresponds substantially with Form 2 of Annexure C, from your nearest magistrate’s office or police station;

2. Produce a death certificate or a certified copy of the death certificate to the Magistrate who is the head of office or a station commander of a police station or a person designated by him or her:

3. If a death certificate is not yet available the person requesting the permit must make a sworn affidavit which corresponds substantially with Form 3 of Annexure C.

Forms 2 and 3 of Annexure C to the Regulations can be accessed at the link provided below.

TRAVELLING TO THE FUNERAL

Only two family members or persons with a close affiliation to the deceased may accompany the vehicle transporting the mortal remains to the metropolitan or district area, or province where the burial or cremation will take place. These persons must also be in possession of a permit and must follow the provisions of Regulation 11(c).

48-HOUR LIMITATION

Persons who have been issued with a permit may only spend a total of 48 hours in the province, metropolitan or district for which their permit has been issued. Such persons are prohibited from staying at the place of residence of a relative or friend. As such the permit-holder may stay at a hotel, lodge or guest house for the period of 48 hours and must produce their permit to the owner or manager of the respective accommodation.

The COVID-19 regulations and amendment may be accessed for download at: http://www.cogta.gov.za/?p=7871.

Should you require legal advice or assistance regarding obtaining a permit for travel purposes to and from a funeral Pagdens is here to assist. If you would like us to consider your circumstances and advise you on your legal position, contact us.

This article is for general information should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact an attorney for specific and detailed advice. Errors and omissions excepted (E&OE)