E-commerce sales: No more restrictions on non-essential items

15 May 2020 1517

To many online shoppers Black Friday may have come early this year – not in terms of specials, but the ability to transact online without restriction!

It is very good news that the Minister of Trade and Industry, Ebrahim Patel, has issued directions on 14 May 2020 which states that all goods, excluding liquor and tobacco, can now be sold via e-Commerce platforms across South Africa for the duration of Alert Level 4 of the COVID-19 National State of Disaster (“the Directive”).

This Directive is welcomed by many as e-Commerce can be a critical enabler to opening the economy through contactless transactions, which can reduce the movement of consumers, and the density of shoppers in retail spaces. Of course greater levels of e-Commerce, can introduce increased health risks by greater movement of courier or delivery service personnel, which is why health and safety protocols are important to mitigate this risk when shopping online from home.

Goods which may now be bought through e-Commerce platforms

Subject to all applicable laws, all goods may now be purchased through e-Commerce platforms, except for goods prohibited for sale in terms of regulation 26 and 27 of the Regulations issued in terms of section 27(2) of the Disaster Management Act (Act No. 57 of 2002) (the “Regulations”).

The upside of this is that you can now purchase items online which you cannot access in an ordinary retail store or which are not deemed to be “permitted goods” to be sold in a physical shop in terms of the Regulations. Presumably, this means that you can therefore now purchase summer clothing online (Durbanites rejoice!) or homeware items such as curtains (which were oddly prohibited) along with a host of other previously unavailable items during Alert Level 4.

Unfortunately, the sale, dispensing of and/or transportation of liquor is still prohibited and you can therefore not look forward to ordering your favourite alcoholic beverage online any time soon, at least not until Alert Level 3 of the COVID-19 National State of Disaster (fingers crossed!). Similarly, the sale of tobacco, e-cigarettes and related products remain prohibited and can therefore not be purchased online.

So, what is e-Commerce exactly and what does the directive require?

E-Commerce refers to the buying and selling of goods using telephones and digital platforms, including the internet and mobile phone-based applications. Since these items need to be delivered to the consumer who is located at a different location, e-Commerce will generally refer to any goods which need to be delivered by a courier or delivery service in terms of the Directive. As a consequence, the Directive also sets out strict protocols which retailers, couriers or delivery services and customers must comply with in respect of goods transacted by means of e-Commerce.

Here is a short checklist of the minimum protocols that retailers, courier and delivery services, and customers must maintain in terms of the Directive to limit the spread of the Coronavirus (“COVID-19 virus”) in South Africa.

Checklist for e-Commerce retailers

All retailers using e-Commerce platforms to sell their goods must ensure the following:

1) Hygienic workplace conditions

Hygienic workplace conditions and implementation of measures to reduce the risk of potential exposure of employees to the COVID-19 virus, must be in line with the directions issued by the Minister of Employment of Labour.

2) Items that are not to be shared by employees

Employees may not share face masks, equipment, stationery, utensils or similar items.

3) Take the temperature of your employees at regular intervals

Designated and adequately trained health and safety officers must take each employee’s temperature using appropriate equipment or instruments at the start of a shift and every four hours after the shift has started.

4) Keep records

It is a must to keep records of the temperatures of each employee present at the employer’s premises. 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.

5) Be proudly South African and support local producers

To limit the social and economic hardship caused by the pandemic on local industries and enable consumer choice to support local producers, retailers must give prominence to goods which are manufactured in South Africa.

6) Provide payment options

Retailers must provide for as many payment options as possible for consumers, to reduce the risk of transmission of the virus, and to allow poorer consumers access to delivery services.

7) Packaging goods

When packaging goods, retailers must provide customers with written guidelines on how to safely disinfect their goods before use.

8) Collection procedures

Retailers must put in place collection procedures and protocols to ensure that adequate social distancing is maintained by courier or delivery service personnel when they are collecting goods from a warehouse or depot.

9) Proper sanitation of goods

Before leaving the warehouse or depot, all goods must be sanitised in line with the guidelines published by the National Department of Health.

Checklist for e-Commerce courier or delivery services

All e-Commerce courier or delivery services must ensure the following:

1) Hygienic workplace conditions

Hygienic workplace conditions and implementation of measures to reduce the risk of potential exposure of employees to the COVID-19 virus, must be in line with the directions issued by the Minister of Employment of Labour.

2) Items which should not be shared by employees

Employees may not share face masks, equipment, stationery, utensils or similar items.

3) Take the temperature of your employees at regular intervals

Designated and adequately trained health and safety officers must take each employee’s temperature using appropriate equipment or instruments at the start of a shift and every four hours after the shift has started.

4) Keep records

It is a must to keep records of the temperatures of each employee present at the employer’s premises. 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.

5) Always keep a hand sanitiser at hand

All courier and delivery personnel must have their own hand sanitiser and disinfectant wipes, and it must be refilled daily.

6) Be safe and wear a face mask

When delivering goods to customers, courier and delivery personnel must wear a cloth face mask that covers their nose and mouth.

7) Maintain your distance

Courier and delivery personnel must maintain at least one and a half metres distance from -

• other courier or delivery personnel when they are collecting goods for delivery; and
• customers when they are delivering goods.

8) Beware when entering homes

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 a cloth face mask or a homemade item that covers their nose and mouth.

Checklist for e-Commerce customers

All e-Commerce customers must ensure the following:

1) Be safe and wear a face mask

Customers and all residents within the immediate vicinity must wear a cloth face mask or a similar homemade item that covers their nose and mouth when they are receiving goods from courier and delivery personnel.

2) Maintain your distance

Customers must maintain at least one and a half metres distance from courier and delivery personnel.

3) Disinfect goods

Customers are encouraged to disinfect the goods provided by retailers using the guidelines published by the National Department of Health.

Because e-Commerce has become such an integral part of the local and international business arena, the Directive is a welcome acknowledgement by Government of how important it is to protect our fellow South Africans as well as strengthen our economy during these unprecedented times. We are positive that it should lessen the economic impact on businesses and hopefully in turn, save jobs on the long run. In the meantime, happy online shopping!