The Minister of Trade and Industry issued Directions on E-Commerce which came into effect on 14 May 2020 and will remain in force for the duration of Alert Level 4.

E-commerce has been identified as a critical enabler to opening the economy through contactless transaction. This directive will permit e-commerce businesses to swing back into action by selling goods which may be sold through e-commerce platforms (barring liquor and tobacco products of course which are still banned under regulations 26 and 27 of the Disaster Management Act Regulations).

Many local e-commerce businesses have welcomed this directive not only because it permits them to begin trading again but because the directive also requires that retailers give prominence to those goods which are manufactured in the Republic of South Africa.

However, before e-commerce retailers get carried away with the excitement of opening their virtual doors they are reminded that the prescripts of this directive must be adhered to.

Protocols have been outlined in detail for e-commerce retailers, courier and delivery services and customers alike, under clauses 5, 6 and 7 respectively, and all parties should be thoroughly familiar with their obligations.

Protocols for e-commerce retailers

All retailers using e-commerce platforms to sell goods must adhere to the following:

1. All Regulations and Directions in respect of hygienic workplace conditions and the potential exposure of employees to COVID-19 must be adhered to.
2. Additionally, employees may not share face masks, equipment, stationery, utensils or similar items, and Designated and adequately trained health and safety officers must take each employee’s temperatures using appropriate equipment or instruments at the start of a shift and every four hours after the shift commences. Records of the temperatures of each employee must be kept and any employee whose temperature is 37,5 degrees or above should immediately be moved to an isolated observation room for a second measurement. If the second test measurement also exceeds 37,5 degrees, the employee must be returned home for self-quarantine, provided with a surgical mask and not be permitted to enter or stay on the premises.
3. Retailers must give prominence to those goods which are manufactured in the Republic of South Africa.
4. Retailers must provide for as many payment options as possible for consumers.
5. When packaging goods, retailers must provide written guidelines for customers on how to safely disinfect their goods before use.
6. Retailers must put in place collection protocols to ensure that adequate social distancing is maintained by courier or delivery service personnel when collecting goods from a warehouse or depot.
7. All goods must be sanitised, in line with the guidelines published by the National Department of Health, before leaving the warehouse or depot.

Protocols for courier and delivery services

All courier and delivery services must ensure the following:

1. All Regulations and Directions in respect of hygienic workplace conditions and the potential exposure of employees to COVID-19 must be adhered to.
2. Additionally, employees may not share face masks, equipment, stationery, utensils or similar items, and Designated and adequately trained health and safety officers must take each employee’s temperatures using appropriate equipment or instruments at the start of a shift and every four hours after the shift commences. Records of the temperatures of each employee must be kept and any employee whose temperature is 37,5 degrees or above should immediately be moved to an isolated observation room for a second measurement. If the second test measurement also exceeds 37,5 degrees, the employee must be returned home for self-quarantine, provided with a surgical mask and not be permitted to enter or stay on the premises.
3. All courier and delivery personnel must have their own hand sanitiser and disinfectant wipes, which must be refilled daily.
4. Courier and delivery personnel must wear a cloth face mask that covers the nose and mouth when delivering goods to customers.
5. Courier and delivery personnel must maintain at least one and a half metres distance from:
   • other courier or delivery personnel when collecting goods for delivery; and
   • customers when delivering goods.
6. Courier and delivery service personnel may not enter the home of a customer if such customer and any other residents within the immediate vicinity are not wearing cloth face mask or a homemade item that covers the nose and mouth.

Protocols for customers

All customers must ensure the following:

1. Customers and all residents within the immediate vicinity must wear a cloth face mask or a homemade item that covers the nose and mouth when receiving goods from courier and delivery personnel.
2. Customers must maintain at least one and a half metres distance from courier and delivery personnel.
3. Customers are encouraged to disinfect goods.

E-commerce retailers are reminded that they are not exempt from the Guidelines issued by the Department of Labour and prescripts of the Occupational Health and Safety Act (OHSA) with respect to providing and maintaining an environment that is safe and without risks to the health of the workers and to take such steps to eliminate or mitigate the hazard or potential hazard. Annexure A to the directive provides for specific measures that need to be taken into account to ensure a safe working environment.

To access the full directive, download a copy here.

For any assistance or queries contact us at gordon@gordonangus.co.za; chloe@gordonangus.co.za or gia@gordonangus.co.za