As Zimbabwe confirms its third Covid-19 infection, the
infection has been declared a formidable epidemic disease in terms of the
Public Health Act, allowing the Minister of Health and Child Care to make
sweeping regulations to control the spread of the disease and to have
designated medical officers order the compulsory testing, quarantining,
isolation and treatment of anyone who is exposed to infection or is confirmed
as infected..
The new Public Health (Covid-19 Prevention, Containment and
Treatment) Regulations 2020 were gazetted on Monday and are valid until May 20,
although they then may be extended a month at a time.
The regulations follow the confirmation last night by the
Health Ministry that one of the 15 tests done yesterday came out positive.
Those tested were mostly contacts of the second confirmed case and first death,
Zororo Makamba, who was buried yesterday after succumbing to Covid-19 coupled
with a pre-existing condition on Monday.
The new regulations partly overlap with orders already
given by President Mnangagwa following the declaration of a state of national
disaster, such as the ban on gatherings over the set limit. The Health Minister,
after consulting the President and accepting Presidential directions, can issue
the legal orders that enforce any Government action on gatherings, curfews,
closure of premises and the like.
But they go into great detail for new powers given to the Chief
Health Officer, who is the professional Permanent Secretary in the Ministry of
Health and Child Care, the director of health services in every local
authority, district health officers and every medical officer of health. These
enforcement officers, who issue the instructions, are to be assisted by police
officers, peace officers and members of municipal police forces who are
explicitly given the authority to enforce the instructions from the medical
professionals.
The medical enforcement officers may order compulsory
medical examinations, including taking samples for testing, order compulsory
treatment, order the sequestration or disinfection of baggage and personal
effects, order the evacuation of any building for up to 24 hours where those
exposed to the risk of infection may have gathered, and can order the
compulsory detention, isolation or quarantining of anyone for 48 hours or until
they have been formally cleared to be free of infection if this takes longer to
do.
Once people are confirmed to be infected, they can be
further quarantined for up to 14 days within their homes, a hospital or a place
of isolation. If they are so quarantined the medical officer ordering the
detention must ensure these infected people have access to or are provided with
the basic necessities to maintain an acceptable standard of nutrition and
hygiene and can be released temporarily under specified conditions.
Those who escape from where they have been ordered to be
detained, isolated or quarantined, even if this is their own home, can be
arrested without warrant.
The Health Minister can approve sites to be used for
isolation and quarantine for those suspected or confirmed to be infected with
Covid-19.
All those who disobey instructions from the designated
health officers for testing, quarantine or isolation can face a stiff fine and
a year in jail.
A second batch of clauses in the regulations gives the
Health Minister, in consultation with the President and conforming to
Presidential directions to: impose restrictions on public traffic and movement
through curfews, close schools in any local authority, and close places and
worship and restrict church gatherings, restrict or regulate places of
entertainment, recreation and places where alcohol is served. This has already
been done.
In the event of death the minister, acting again with the
President, can make any inquiries into the cause, order post-mortems and exhumations,
prohibit funerals in special circumstances until a medical officer has granted
a certificate, and regulate burials.
To ensure that people cannot be infected by any other
articles, the minister can regulate, restrict or ban removal of merchandise or
articles in or out of any area, can facilitate the disinfection of any article
by providing plant and equipment, or if necessary order that article’s
destruction, authorise local authorities to inspect premises and fix sanitary
or other defects likely to further the spread of Covid-19, and order the
evacuation, closing, alteration or even demolition of premises which, if
occupied, could render more difficult the eradication of Covid-19.
The health officers enforcing the regulations have to have
certificates signed by the town clerk or other chief executive officer and must
show these if anyone questions their orders. Herald
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