Table 2.

Illustrative excerpts from emergency orders

Characteristic	Illustrative excerpt
Criminal sanctions	‘Any person, company or organization who contravenes any order given herein is liable upon summary conviction to a fine not exceeding(US $10 000)or to a term of imprisonment not exceeding eighteen months or to both’.39
Punitive sanctions	‘Failure to duly comply with measures of emergency situation will prompt the application of the administrative coercive measures set out in § 28 (2) or (3) of the Law Enforcement Act. According to § 47 of the Emergency Act, the amount of penalty payment is(US $2200)’.40
Military enforcement	The ‘Defence Force and…Mounted Police Service shall operationalise all the abovementioned measures upon the commencement of this Declaration’.41
Stay-at-home mandate	‘For the purpose of preventing, controlling and suppressing the spread of COVID-19, a lockdown is hereby declared with effect from 2nd April, 2020 at midnight until 30th April, 2020, for the whole of [the country]…During the period of a lockdown every person shall remain confined to their place of residence, inclusive of the yard space to avoid contact outside his household’.42
Mask mandate	‘Officials, entrepreneurs, guests, participants, employees and customers shall wear surgical masks or cloth masks’.43
Social distancing	Physical distancing requirements for essential businesses: ‘(a) ensure physical distancing can be maintained by persons accessing and using the premises, so far as is reasonably practicable taking into account the nature of the business or service; and (b) mitigate the risks that arise to the extent physical distancing is not fully maintained on the premises’.44
Public gathering restrictions	‘Public gatherings For the purpose of this regulation, a “public gathering” is a gathering of more than 10 persons for a collective purpose, but does not include a situation where such number of persons coincidentally find themselves at a specific place at the same time. An authorised officer may instruct a public gathering to disperse and may use all reasonable measures to cause a public gathering to disperse. A person who during the period of lockdown facilitates, instigates or organises a public gathering, commits an offence and is on conviction liable to a fine not exceeding(US $130)or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment’.45
Government support	‘Access to public services and essential goods and services 2.1 During the national State of Emergency, the supply of food, medicine, as well as the continuity of water, sanitation, electric power, gas, fuel, telecommunications, cleaning and collection of solid waste, funeral services and other established services are guaranteed in this Supreme Decree. 2.2 Likewise, the adequate provision and access to the services and essential goods regulated in article 4 of this Supreme Decree are guaranteed. Public and private entities determine the complementary and related services for the adequate provision and access to essential services and goods established in article 4. The competent entities ensure the proper compliance with this provision’.46
Legitimate aim	‘In exercise of the powers conferred by section 36 of the Public Health Act and in view of the serious threat posed to the health and lives of (citizens) by the spread of(COVID-19), the Cabinet Secretary for Health makes the following Rules’.47
Proportionality	‘The Government may exercise its power under paragraph (1) for the purpose of preventing, controlling and eliminating the human epidemic referred to in the Decree, and preventing and averting its harmful effects, to the extent necessary and proportionate to the objective pursued’.48
Non-discrimination	‘In exercising a function conferred by virtue of Part 1 (including a function of making subordinate legislation), the [government] must have regard to opportunities to advance equality and non-discrimination’.49
Limited duration	‘(T)he following rules and regulations will apply immediately and remain in effect for the next 21 days’.50
Subject to review	‘No court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken, orders made, direction, instruction or guidelines issued by the Central Government, National Authority, State Government, State Authority or District Authority in pursuance of any power conferred by, or in relation to its functions, by this Act’.51