Oudtshoorn court closed for not following COVID-19 rules

The Department of Employment and Labour in the Western Cape has closed the Oudtshoorn Magistrate Court for not complying with COVID-19 regulations.

The department said the closure of the Oudtshoorn Magistrate Court, located in the Garden Route, follows a visit by labour inspectors to the site, where they found the government facility unsafe and in contravention of the Occupational Health and Safety (OHS) Act no. 85 of 1993.

The court did not have a proper COVID-19 risk assessment in place. It is also not compliant with COVID-19 regulations in terms of the use of biometric systems, poor screening processes, no social distancing and also no procedures in place for the management of isolation and quarantine of staff, among others.

According to Provincial Chief Inspector David Esau, the employer also put staff and court visitors at risk by the lack of basic OHS protocols.

“During our inspection, we also found that the fire extinguishers were expired and there was also poor electrical wiring at the site. The Inspectorate had no other choice but to close the court, in the interest of the safety of staff and the public at large,” Esau said.

Esau said after a range of non-adherence to OHS and COVID-19 regulations were observed, the court was issued with a prohibition notice, which means that no operations will take place at the court, and that no officials and visitors to the court will be allowed at the premises.

“This notice will stand until lifted by the inspector,” Esau said.

He said during a briefing session with the Area Court Manager, Department of Public Works and the Chief Magistrate, the employer would need to provide sufficient evidence that processes have been put in place to address all the concerns raised.

“As part of reversing the prohibition notice, the employer must attend to all areas of non-compliance listed in the notice. The court will also need to establish a Health and Safety Committee,” Esau said.

A follow-up visit will be conducted by the OHS inspector once the employer has confirmed that all minimum standards have been put in place to ensure the safety of both employees and the public.

“If the inspector is satisfied with the efforts of the employer, the prohibition notice will be lifted. It is expected that labour inspectors will now also inspect the courts in Beaufort West, Calitzdorp, Ladismith and Prince Albert in an attempt to ensure compliance with the OHS Act,” Esau said.

OHS inspectors will continue to visit workplaces to monitor compliance, act on tip-offs and implement the necessary actions where required.