On May 14, new Regulations came into effect immediately relaxing the provisions relating to E-Commerce. Further, the regulations set out the protocols imposed on retailers, Couriers and Consumers alike. These health and safety protocols are implemented to prevent the spread of the Corona Virus.

 

The purpose of the Regulations is to limit in-store exposure of face to face contact by allowing consumers to buy items online. Provisions are also made for retailers to open up payment methods to include lower-income earners as well as to promote local produce.

 

In terms of Regulation 8, the Directives remain in force for the duration of Alert Level 4.  This suggests that the provisions may be adjusted again when the Alert Level is changed.

 

GOODS THAT MAY BE TRANSACTED BY CONSUMERS

The directive sets out in Regulation 4, that “all goods may be transacted through e-commerce platforms, except for goods prohibited for sale in terms of regulation 26 and 27 of the regulations”.  This provision prohibits the selling of alcohol and cigarettes which fall under the Regulations which are not permitted.

 

PROTOCOLS IMPOSED ON RETAILERS

All retailers using e-Commerce platforms to sell goods must ensure the following as set out in Regulation 5:

  • All Regulations and Directions in respect of hygienic workplace conditions and the potential exposure of employees to COVID 19 must be adhered to, including the COVID 19 Occupational Health and Safety Measures.
  • Employees may not share facemasks, stationary utensils or similar items.
  • Dedicated and trained health and safety officers to ensure adequate testing of all employees.
  • Support for local produce/producers, this means local goods must be given preference.
  • Retailers must facilitate as many methods of payment as possible. The directive does not provide detail on this however, from the intention of the provision infers methods of payment that will avoid a consumer needing to go to a banking institution or shopping mall to make payment.  Such methods may include Point of Sale systems, online electronic payments, Pay Pal and similar online or mobile apps.
  • Packaging of goods must come with instructions on how to sanitise before opening.
  • Retailers must ensure collection methods adhere to health and safety protocols, including social distancing of courier personnel from the point of collection.
  • All items must be previously sanitised before collection.

 

PROTOCOLS IMPOSED ON COURIERS AND PERSONEL

All e-Commerce courier or delivery services must ensure the following as set out in Regulation 6:

  • All Regulations and Directions in respect of hygienic workplace conditions and the potential exposure of employees to COVID-19 must be adhered to, including the Covid-19 Occupational Health and Safety Measures.
  • Employees may not share facemasks, stationary utensils or similar items.
  • Dedicated and trained health and safety officers to ensure adequate testing of all employees.
  • All courier personal must have their own PPE including masks and sanitisers which must be refilled daily.
  • Courier personal must adhere to social distancing provisions when collecting and delivering of the items.
  • Courier personnel may not enter the premises of a consumer where the consumer and the people in the immediate vicinity are not wearing protective facemasks.

 

PROTOCOLS IMPOSED ON THE CONSUMER

All e-Commerce customers must ensure the following as set out in Regulation 7:

  • All consumers and immediate occupants must wear protective facemasks when receiving goods
  • Consumers must adhere to social distancing provisions.
  • Consumers are encouraged to sanitise goods prior to use in accordance with the guidelines set out by the Department of Health as well as the Regulations enforced on retailers to provide the guidelines for sanitising items as set out in the protocols or online retailers.

 

It is clear from the provisions of the regulations that the primary purpose of opening the e-commerce market, is to enable the opening of the economy through contactless transactions. Further consequences flowing from the opening of e-commerce platforms will be the reduction of movement of consumers as well as a reduction of the density of shoppers in retail spaces. Although e-commerce has been identified as an important retail platform, in light of the current COVID 19 crisis, strict health and safety measures are required