NGOLA – Covid-19: Angola declares a State of Emergency from 27 March 2020

Considering the public health emergency caused by Covid-19 and the need to put measures in place to prevent and combat the spread of the pandemic, the President of the Republic of Angola enacted Presidential Decree 81/2020, of 25 March 2020 (“PD 81/20”), declaring a state of emergency after hearing the Government and securing the authorization of Parliament.

The state of emergency, which extends to the entire national territory and falls in step with the recommendations of the World Health Organization, begun today, 27 March, at 0.00am and will end at 11.59pm on 11 April 2020, without prejudice to its renewal for one or more periods. The following rights are partially suspended for the duration of the state of emergency:

•right to residence, movement and migration to any part of the national territory;
•right to international movement;
•ownership and private enterprise rights;
•workers’ rights;
•right to strike;
•right to assembly and protest; and
•freedom of worship.

Presidential Decree 82/20, of 26 March 2020 (“PD 82/20”), which also came into force at 0.00am today, 27 March, implements the temporary derogatory measures that will be in force for the duration of the state of emergency. Without prejudice to any other measures that may be implemented, the following are particularly noteworthy:

a)restrictions to the freedom of movement and to being on the public highway. Citizens must stay at home (without prejudice to
b)provincial cordon sanitaire; traveling between provinces is generally forbidden across the national territory;
C)national cordon sanitaire; no person may, as a rule, enter and exit the national territory;
d)compulsory quarantine, either in an institution or at home, of patients with Covid-19 infected with the SARS-Cov2 and of any citizens ordered to remain under active surveillance by the proper health authorities;
e)State bodies will adopt their own specific operation procedures, but must ensure minimum services;
f)shutdown of the State’s central and local (direct or indirect) administration’s public services, save for: (public and private) hospital units; the Central Bank of Angola; insurance services; pharmacies, medicines’ suppliers and providers of hospital goods and services; military services and units; private security services; civil protection services, fire department and emergency services; energy and water services (including private tanker supply); traffic support and mobility services; waste collection and treatment services; cemeteries, morgues and related death registration services;
g)special protection of particularly vulnerable citizens, namely citizens aged 60 or over, persons with underlying chronic health conditions deemed to belong to risk groups, pregnant women and women with children under 12 years of age in their care who, to the exception of public office holders, healthcare professionals, traffic and mobility support operators and members of defense and security bodies, are released from working in person;
h)no employment relationships may be terminated based on workers’ absence from the workplace;
i)workers released from working in person may work from home as may be determined by their employer;
j)shutdown of teaching and training establishments;
k)general shutdown of shops save for the following: food stores; banks and payment services; telecommunications and press, radio and television services; hotels; take-away services; gas stations and services in the national fuel supply chain; funeral parlors and related services; motor vehicle maintenance and repair; and other services essential to community life. Establishments remaining open must ensure the biosecurity conditions necessary for the protection of their staff and service;
l)open/Farmers’ markets will remain open and itinerant salesmen may continue to sell products, albeit only essential products;
m)shutdown of industrial units save for the following industries: production of food and beverages; products essential to healthcare services; oil and oil support services; mining; units working in continuous production cycles; units producing cardboard, glass and plastic; others essential to community life; Industrial units remaining open must ensure the biosecurity conditions necessary for the protection of their staff and service;
n)prohibition of political events and activities, meetings and protests with more than 50 people;
o)prohibition of recreational and leisure activities on the public highway or in public spaces;
p)suspension of services and religious celebrations;
q)the procurement of urgent goods and services required to control and combat the pandemic is subject to a yet to be defined derogation regime;
r)the payment of taxes on the import of food, medicines and other essential goods will be settled later, on terms to be defined;
s)the import of food, medicines, biosecurity material and other essential products is subject to a derogation license regime, on terms to be defined;
t)tenants under residential lease agreements cannot be evicted;
u)public transport essential to mobility remains in operation only for the provision of minimum services and subject to specific rules;
v)retired doctors and nurses may be subject to civil requisition, save for those who are vulnerable to the pandemic;
w)the Ministry of Justice and Human Rights, in liaison with the Superior Councils of the Judicial Magistracy and the Public Prosecutor’s Office must make the adequate arrangements to ensure effective access to justice and the courts;
x)suspension of statutes of limitations and expiry deadlines running in connection with any proceedings and rights;
y)licenses, permits or any other administrative acts remain valid regardless of their expiry date;
z)demands, defaults and enforcement proceedings arising from the performance of obligations that cannot be performed due to the measures set out in the Regulation are voided;
aa)the media, both public and private, remain in operation.

 

Any person who breaches the provisions in PD 80/20 and PD 81/20 is criminally liable, without prejudice to any disciplinary or civil liability, if any.

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