Imposition of Restrictions Coronavirus Disease (COVID-19) Pandemic (No. 2) Instrument, 2020


Ghana
Imposition of Restrictions Act, 2020

Imposition of Restrictions Coronavirus Disease (COVID-19) Pandemic (No. 2) Instrument, 2020

Executive Instrument 65 of 2020

WHEREAS, by the Declaration of Public Health Emergency (Coronavirus COVID-19 Pandemic) Instrument, 2020, (E.I 61), the Minister for Health, having recognised the threat of the Coronavirus disease (COVID-19) pandemic to life and health and its potential to escalate and cause danger to the life and health of people living in Ghana, exercised the powers conferred on the Minister under sections 169 and 170 of the Public Health Act, 2012 (Act 851) and declared a public health emergency;WHEREAS, by the Establishment of Emergency Communications System Instrument, 2020 (E.I 63), the President of the Republic made certain orders to enable Government trace all contacts of persons suspected of or affected by the COVID-19 pandemic, and identify places visited by persons suspected of or affected by the COVID-19 pandemic;WHEREAS, in order to combat the COVID-19 pandemic and protect public health and public safety, the President, being satisfied that there existed circumstances, which required the imposition of certain restrictions, pursuant to subsection (1) of section 3 of the Imposition of Restrictions Act, 2020 (Act 1012), issued the Imposition of Restrictions Coronavirus Disease (COVID-19) Pandemic Instrument, 2020 (E.I 64); andWHEREAS, on Friday, 27th March, 2020, the President, being satisfied of the need for further measures, addressed the nation on the effect of the restrictions that had been put in place to curtail the spread of COVID-19 in Ghana, and announced additional restrictions to contain and halt the spread of the virus within Ghana, especially in Accra, Tema, Kasoa and Kumasi, which have been identified by the Ghana Health Service as hotspots of the infections.NOW, THEREFORE, in exercise of the power conferred on the President under subsection (1) of section 2 of the Imposition of Restrictions Act, 2020 (Act 1012), this Instrument is made this 30th day of March, 2020.

1. Imposition of restrictions

(1)There is imposed, by this Instrument, restrictions on the movement outside the place of abode of persons resident within the areas specified in the First Schedule.
(2)Despite subparagraph (1), a person may move within the specified areas for the following purposes:
(a)to obtain food, medicine and water;
(b)to undertake banking transactions;
(c)to use public toilet facilities; or
(d)to pay for utility services.
(3)The restrictions specified in subparagraph (1) shall apply to inter-city movement of vehicles and aircraft for private or commercial purposes.
(4)A rider of a motorbike shall not carry a pillion rider.
(5)All intra-city passenger vehicles, including taxis and "tro-tros" shall reduce the number of passengers in order to observe specified social distancing and appropriate enhanced hygiene protocols.
(6)All commercial vehicle stations shall observe the specified social distancing and appropriate enhanced hygiene protocols.

2. Duration of restriction

A restriction imposed under paragraph 1 is for a period of two weeks, subject to paragraph 6.

3. Geographic areas

This Instrument applies to the areas specified in the First Schedule.

4. Exemptions

(1)Paragraph 1(1) does not apply to
(a)persons specified in Part A of the Second Schedule; and
(b)services and activities specified in Part B of the Second Schedule.
(2)Where there is an exemption under subparagraph (1), there shall be
(a)social distancing maintained between patrons and staff, and among staff of the institution, facility or establishment; and
(b)compliance with enhanced hygiene protocols, including the provision of running water, hand washing soap, alcohol-based hand sanitizers and disinfectants.
(3)Paragraph 1 (1) does not apply to vehicles and aircraft providing essential services and the transportation of goods, supplies and cargo to and within Ghana.
(4)All persons involved in the production, processing, distribution and sale of food and food related items may operate during the period of the restrictions.
(5)A restaurant or "chop bar" may serve take-outs only.

5. Contact tracing and testing

(1)A person, who has tested positive for COVID-19, shall provide all relevant information to the health authorities to enable contact tracing of persons who have come into contact with that person.
(2)A person, who is identified through contact tracing to have come into contact with an infected person, shall be tested for COVID-19, and where the result of the test is positive, that person shall be taken to a designated medical isolation centre for treatment.

6. Review of restrictions

Where the exigencies of the situation require, the duration of a restriction specified under paragraph 2 may be varied in accordance with subsection (2) of section 4 of the Imposition of Restrictions Act, 2020 (Act 1012).

7. Interpretation

In this Instrument, unless the context otherwise requires,"communicable disease" means an illness caused by a specific infectious agent or its toxic products which arises through transmission of that agent or its products from an infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the inanimate environment;"epidemic" means the rapid spread of a disease, including Coronavirus disease (COVID-19), cholera, flu and other communicable diseases, among people;"essential services" mean essential services as defined in the Imposition of Restrictions Act, 2020 (Act 1012);"security services" mean(a)the internal and external intelligence agencies referred to under the Securities and Intelligence Agencies Act, 1996 (Act 526);(b)the Police Service;(c)the Armed Forces;(d)the Prisons Service;(e)the Immigration Service;(f)the National Fire Service; and(g)the Customs Division of the Ghana Revenue Authority; and"social distancing" includes maintaining a physical distance of one metre away from a person or avoiding direct contact with a person or object in a public place during an epidemic, to minimise exposure and reduce the transmission of infection and covers the following measures:(a)mandatory quarantine;(b)self-isolation;(c)protective self-separation; and(d)voluntary avoidance of crowded places.

8. Savings

(1)This Instrument shall not derogate from the application of the Imposition of Restrictions Coronavirus Disease (COVID-19) Pandemic Instrument, 2020 (E.I. 64), which continues in force.
(2)The exemptions granted under paragraph 4 are without prejudice to the administrative measures and arrangements put in place by the Public Services Commission and Civil Service Council, prior to this Instrument.

First Schedule

[Paragraph 1(1) and 3]

Specified Areas

Greater Accra1. Ablekuma Central Municipality;2. Ablekuma North Municipality;3. Ablekuma West Municipality;4. Accra Metropolis;5. Adentan Municipality;6. Ashiaman Municipality;7. Awutu Senya East Municipality;8. Ayawaso Central Municipality;9. Ayawaso East Municipality;10. Ayawaso North Municipality;11. Ayawaso West Municipality;12. Ga Central Municipality;13. Ga East Municipality;14. Ga North Municipality;15. Ga South Municipality;16. Ga West Municipality;17. Korle-Klottey Municipality;18. Kpone Katamanso Municipality;19. Krowor Municipality;20. La-Dade-Kotopon Municipality;21. La-Nkwantanang-Madina Municipality;22. Ledzokuku Municipality;23. Okaikwei North Municipality;24. Tema Metropolis;25. Tema West Municipality; and26. Weija/Gbawe Municipality.Greater Kumasi Metropolitan Area and contiguous districts1. Afigya-Kwabre South District;2. Asokore Mampong Municipality;3. Asokwa Municipality;4. Atwima Kwanwoma District;5. Atwima Nwabiagya Municipality;6. Atwima Nwabiagya North District;7. Bosomtwi District;8. Ejisu Municipality;9. Kumasi Metropolis;10. Kwabre East Municipality;11. Kwadaso Municipality;12. Oforikrom Municipality;13. Old Tafo Municipality; and14. Suame Municipality.

Second Schedule

[Paragraph 4(1)]

Part A – Persons exempted from the restrictions

1.Members of the Executive:
(a)the President;
(b)the Vice President;
(c)Ministers of State;
(d)Deputy Ministers of State;
(e)Senior Staffers at the Presidency;
(f)Chief Directors; and
(g)Special Assistants to Ministers and Deputy Ministers;
2.Members of the Legislature:
(a)the Speaker;
(b)the Deputy Speakers;
(c)Members of Parliament; and
(d)Members of the Parliamentary Service;
3.Members of the Judiciary:
(a)the Chief Justice;
(b)Justices of the Superior Courts;
(c)Judges of the Circuit Courts;
(d)Magistrates of the District Courts; and
(e)Members of the Judicial Service;
4.Chief Executives of Metropolitan, Municipal and District Assemblies, and Regional and District Coordinating Directors;
5.Staff of VALCO, Tema Oil Refinery, Petroleum Commission, and Ghana Cocoa Board (COCOBOD) and its affiliate corporate bodies;
6.Road and railway construction workers;
7.Mining workers;
8.Fisherfolk and fanners;
9.Members of the security services assigned lawful duties;
10.Staff of electricity, water, telecommunications, e-commerce and digital service providers;
11.Staff of fuel stations;
12.Members of the Media;
13.Staff of the Bank of Ghana, banks and specialised deposit-taking institutions; and
14.Licensed private security personnel.

Part B – Services exempted from the restrictions

1.Services for the production, distribution and marketing of food, beverages, pharmaceuticals, medicine, paper and plastic packages;
2.Food delivery services;
3.Essential services;
4.Environmental and sanitation activities;
5.Hotel services; and
6.Cargo supply and distribution services.
Nana Addo Dankwa Akufo-AddoPresident of the Republic of Ghana
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History of this document

30 March 2020 this version
Assented to
Commenced