PUBLIC HEALTH ACT, 2015 |05 January 2021

(Act 13 of 2015)

PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS

ORDERS

Infectious Disease (Prohibition of Public Assemblies) Order, 2021

Infectious Disease (Prohibition of Public Assemblies) (Restriction on activities and operation of establishments, trade premises and shops) Order, 2021

RECOGNISING that the Coronavirus Disease 2019 (COVID-19) has spread and continue to spread rapidly across the world;

RECALLING that the Public Health Commissioner published a Notice in the Gazette on 20^th March, 2020 declaring a Public Health Emergency in Seychelles under section 25(5) of the Public Health Act, 2015, and directed all persons to comply with the directions and orders therein, and cooperate with the Public Health Commissioner, the Public Health Authority and other relevant authorities in preventing, controlling and suppressing the spread of COVID-19 in Seychelles;

FURTHER RECALLING that during the declaration of the Public Health Emergency up to the present time, the Public Health Commissioner in order to prevent, control and suppress the spread of COVID-19 in Seychelles made several Orders, amongst other things–

(a)           prohibiting public assemblies and indoor public assemblies;

(b)          restricting the opening and closing hours of retail outlets and retail food outlets;

(c)           restricting the opening and closing hours of offices, establishments, trade premises and shops;

(d)          restricting movement of persons by vehicles and vessels;

(e)           prohibiting non-Seychellois from entering Seychelles;

(f)            confining persons to their place of residence, inclusive of their yard space, for a period of 28 days; and

(g)          restricting entry to, exit from and return to Seychelles.

AND FURTHER RECALLING that by the enactment of the Public Health (Infectious Disease)(Mandatory Wearing of Face Masks) Regulations, 2020 (S.I. 132 of 2020) the wearing of face masks is mandatory for all persons in Seychelles on public transportation, indoor places, outdoor places, places of work and other circumstances where one metre physical distancing cannot be maintained subject to conditions and exemptions thereunder;

ACKNOWLEDGING that up to the present time, the health care providers and public health officers have recorded and reported a rapid increase in the number of persons infected by COVID-19 on 2^nd January, 2021, and the presence of community transmission of the virus;  

FURTHER ACKNOWLEDGING that the current circumstances in relation to the recorded cases of persons infected by COVID-19 require making further prohibition or restriction orders and varying some prohibitions, restrictions and orders so as to effectively prevent, control and suppress the spread of COVID-19 subject to such exceptions and exemptions set out in the said Order and at the same time to enable persons to participate actively and fully in the sustainable development of Seychelles and the operation and provision of essential services;

BEING CONSCIOUS of the seriousness of problems and threats that COVID-19 poses to the safety, health and posterity of Seychelles and its people, if suitable precautionary and protective health measures are not in place and complied with;     

NOW, THEREFORE, in exercise of the powers conferred by regulations 8, 9, 11, 12 of the Public Health (Infectious Diseases) Regulations (S.I. 8 of 1960), the Public Health Commissioner hereby makes the following orders until further notice published on any official Government website or official means of communication and, as soon as possible thereafter, in the Gazette —

1.       Infectious Disease (Prohibition of Public Assemblies), Order, 2021

(Regulation 8 read with 9, 11, 12 & 20)

In accordance with regulation 8 read with regulations 9, 11, 12 and 20 of the Public Health (Infectious Disease) Regulations, 1960, the Public Health Commissioner hereby orders the prohibition of outdoor and indoor public assemblies in Seychelles from 12.00 P.M. on 3^rd January, 2021, until further notice.

In furtherance of the Order and in accordance with regulation 9, 11 and 12 of the Public Health (Infectious Disease) Regulations, 1960 —

1.        Every person shall refrain from engaging in or taking part in public assemblies, whether outdoor or indoor.

2.        (a)      Subject to this Order, no assembly of more than 4 persons shall be held for any purpose in any area or place, including but not limited to buildings, beaches, roads.

          (b)      A person may make an application to the Public Health Commissioner to hold an assembly of more than 4 persons on a specified date and time, and if the application is approved, every person in the assembly shall comply with the Public Health (Infectious Disease) (Mandatory Wearing of Face Masks) regulations, 2020, and the existing guidelines issued by the Public Health Commissioner and such other conditions that the Public Health Commissioner may deem necessary to impose.

3.        For the purposes of preventing, controlling and suppressing the spread of COVID-19, no person shall host any private entertainment event such as a house party which includes any person from outside of the immediate household of the dwelling house where the party takes place;

4.        No group of more than 4 persons (unless they are part of the same household or at school, where the Restriction on attendance of Schools Order, 2020, has been lifted, or at the workplace) shall assemble spontaneously including when making use or accessing any service. Any such spontaneous assembly shall disperse and any member of such group who fails to depart the assembly when instructed by a police officer to do so commits an offence and may be arrested without warrant or be subject to any applicable penalty.

5.        A person who encourages, coerces, entices or persuades any person to engage in or take part in an assembly of more than 4 persons commits an offence.

6.        This prohibition order shall not have the effect of prohibiting assembly exclusively for the following purposes —

 6.1     work at the workplace;

6.2     attendance of school or school activities (where the Restriction on attendance of Schools Order, 2020, has been lifted);

6.3     shopping at shops or retail outlets that are permitted to open;

6.4     access to healthcare facilities;

6.5     travel at bus stops, bus station, ports or airports;

6.6     consumption at restaurant located in a hotel establishment or trade premises that is permitted to operate;

6.7     funeral service;

6.8     celebration of marriage in church or at Civil Status office or any other approved venues comprising the parties, the celebrant, witnesses and a limited number of invitees as per guidelines issued by the Public Health Commissioner; or

6.9     making use of any other service that is permitted to operate,

 provided that the employer, worker, owner, manager, consumer or any person in control of the premises or providing the service or organising the event shall comply with any direction of the Public Health Commissioner in respect of social or physical distancing and hygiene and ensure compliance with the Public Health (Infectious Disease)(Mandatory Wearing of Face Masks) Regulations, 2020.

7.        (a)      All sporting activities, games (including water sports, the playing of dominoes and cards) and any similar activities outside the confines of the person’s place of residence are prohibited.

          (b)      A person shall not use any sports, recreation or entertainment facilities –

(i)       in the common property of a subdivided building;

(ii)     in any public place, whether managed or maintained by the Government or private body and is accessible to the general public  (including the outdoor gym located at Beau Vallon beach and Roche Caiman Sports Complex).

          (c)      This prohibition order shall not have the effect of prohibiting individual physical exercise activities or involving members of a household in such physical exercise activities for example jogging, walking, kayacking, paddle boarding or swimming in the sea.

8.        All entities, public or private, in any industry, whether construction, manufacturing of goods or provision of services, that also provide shared or common accommodation for their workers shall—

8.1     transport their workers from their residence directly to their workplace, where practicable, or limit the movement of their workers to the workers’ residence and workplaces, while this Order is in operation;

8.2     ensure that their workers comply with and observe the orders of the Public Health Commissioner and the directions and guidelines issued by the Public Health Commissioner in respect of social and physical distancing while transporting their workers from their residence to their workplace and from their workplace to their residence and while the workers are in their residence, inclusive of their yard space.

9.        All establishments, institutions, businesses, organisations authorised to conduct any activity shall ensure that all persons on its premises comply with the Public Health (Infectious Disease)(Mandatory Wearing of Face Masks) Regulations, 2020 and practice good hand hygiene and social or physical distancing, as the case may be, according to directions issued by the Public Health Commissioner in respect of the workers, customers, students, attendees or invitees and should employ adequate number of staff to ensure practice and observance thereof so as to remove the risk of infection or spread of COVID-19.

1.      Appropriate action shall be taken against any person who fails to comply with this order under the Public Health (Infectious Diseases) Regulations.

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1.        Infectious Disease (Prohibition of Public Assemblies) (Restriction on activities and operation of establishments, trade premises and shops) Order, 2021

(Regulation 8 read with 9(2))

In accordance with regulation 8 read with regulation 9(2) of the Public Health (Infectious Disease) Regulations, 1960, the Public Health Commissioner hereby orders that from 12:00 PM on 3^rd January, 2021, until 12 AM on 13^th January, 2020—

          1.       The following prohibitions or restrictions shall apply to shops, retail outlets and wholesale outlets—

1.1     All shops or retail outlets except shops or retail outlets that sell food items, groceries, essential baby and sanitary products, pharmaceutical products and medical equipment shall be closed for service to the public.

1.2     The shops or retail outlets that sell food items, groceries, essential baby and sanitary products, pharmaceutical products and medical equipment may open between the hours of 6:00 AM to 8:00 P.M;

                     1.3     Wholesalers of food items, groceries, essential baby and sanitary products, pharmaceutical products and medical equipment may deliver such products to shops and retail outlets referred to under paragraph 1.2 above or at food outlets referred to in paragraph 2 below.

                     1.4     Nothing in this Order prohibits the online or electronic sales of any product subject that the product shall be delivered at the location specified in the order in accordance with guidelines issued by the Public Health Commissioner.

2.        No person shall conduct the business of restaurant, take-away food outlet or other food outlet, unless the said operator prepares food at its premises on previous non-physical arrangements or order in bulk and provide the delivery of the food to the customer at one location for one customer only.  A food outlet that is not authorised or licensed to prepare food at its premises shall not provide any service of delivery of food to customers in bulk.

3.        No person shall be permitted to visit any person admitted to any hospital or resident health care establishment or any home for the elderly;

4.        The following business, trade, activity, trade premises or premises, as the case may be, shall remain closed to the public or shall not operate —

          4.1     religious service and ceremonies except for funeral service and celebration of marriage;

          4.2     restaurants except in hotels, resorts and guest houses to serve their resident clients and airside restaurants in the international airport terminal;

          4.3     mobile food vans and take aways except for the provision of bulk orders for delivery or collection by previous arrangements;

          4.4     public bar unless the bar is an attendant facility of a hotel;

          4.5     cinema;

          4.6     casino;

          4.7     gymnasium and fitness centres;

          4.8     night clubs, dance halls or and discotheques;

          4.9     spa treatments establishments;

          4.10   stadiums for sporting events;

          4.11   fairs, fun fairs, fancy fairs, parish fetes;

          4.12   amusement parks;

          4.13   swimming pools for common or shared use including at tourism establishments but excludes pools at private dwellings or that in a tourism establishment that is part of villa or room for personal use of the occupier thereof;

          4.14   festivals;

          4.15   children or kids’ club in tourism establishments;

          4.16   cultural and musical shows, concerts or performances;

          4.17   trade fairs consisting of exhibition, advertisement or sale of the products of industries or of other materials.

5.        Postal services may remain operational but no member of the public shall enter a Post Office, DHL, FedEx or any other office providing a postal service.

6.        All sporting activities and games (including water sports, the playing of dominoes and cards) and any similar activities outside the confines of the person’s place of residence are prohibited.

7.        All establishments, institutions, businesses, organisations authorised to conduct any activity or to be open to the public shall at all times ensure compliance with the Public Health (Infectious Disease)(Mandatory Wearing of Face Masks) regulations, 2020 and practice good hand hygiene and social or physical distancing according to directions issued by the Public Health Commissioner in respect of their workers and customers and should employ persons to ensure practice and observance thereof so as to remove the risk of infection or spread of COVID-19.

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1.                  Miscellaneous Orders

          1.       The following orders shall apply to Orders A and B above—

1.1     The owner, manager or operator of a trade premises or public place providing a service to the public shall ensure that persons inside the trade premises wear face masks and shall restrict the number of customers or persons inside the trade premises or public place at any one time so that each customer or person is able to physically and optimally distance himself or herself from another person;

1.2.    Each person in a public place shall at all times wear face masks and maintain optimal physical distance from another person as part of the observance and promotion of social or physical distancing;

          1.3.    Necessary action may be taken against any person who fails to comply with any of these orders;

          1.4.    Any person who contravenes an order without reasonable excuse commits an offence and is liable on conviction to a fine not exceeding SCR 20,000 or imprisonment for a period not exceeding two years or to both or any applicable other or additional penalty.

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1.                  Repeal

1.        The following Orders are hereby repealed—

1.1     Infectious Disease (Prohibition of Public Assemblies) (No.5) Order, 2020; and

1.2     Infectious Disease (Prohibition of Public Assemblies) (Restriction on operation of activities and opening and closing hours of establishments, trade premises and shops) (No. 4) Order, 2020

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1.        Valid Orders
2.        Save for the repealed Orders, all Orders made including the following remain in full force and effect—

                     1.1     The Infectious Disease (Restriction on entry to, exit from and return to Seychelles) (No. 3) Order, 2020

                     1.2     The Infectious Disease (Restriction on travel) (No. 3) Order, 202

                     1.3     Restriction on attendance of Schools Order, 2020.

MADE ON THIS SUNDAY 3^RD JANUARY 2021

                                         DR. JUDE GEDEON

                                                             PUBLIC HEALTH COMMISSIONER