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News analysis
(Getty)
- New Years Eve parties that run in 2021 and Christmas Eve services that run through Christmas Day are illegal in South Africa this year.
- Curfews, which start well before midnight everywhere, not just in critical areas, allow no leeway, lawyers say.
- It’s not just that you can’t move during curfew hours, you have to be home.
- Trying to avoid that by throwing a cover party is dangerous in multiple ways and potentially financially ruinous if disaster strikes.
- For more stories, visit www.BusinessInsider.co.za.
If you go to a New Year’s Eve party that includes a midnight countdown, you are breaking the law. The same is true of attending a midnight church service, in person.
But anyone organizing such an event will be at greater risk, losing their insurance coverage for the duration of the event.
South Africa’s curfew, in effect from 10 p.m. for hotspots and 11 p.m. elsewhere, until 4 a.m. every day, leaves no room for discussion, lawyers say.
Not only does the curfew prevent you from moving, but under current lockdown rules, everyone is also confined to “their place of residence.”
It would be hard for you to argue that staying at a friend’s house to see 2021 roll around makes it your temporary residence, lawyers say, although some think it’s worth a try. However, if multiple people are trying to make the same claim for the same house, during what was clearly a party, you are likely to have problems.
That is equally true for a private religious gathering to mark the arrival of Christmas Day, although police and prosecutors (and neighbors who might report it to the police in the first place) may be more inclined to use their discretion for a religious gathering. instead of a party.
While anyone attending a midnight event would be breaking the law, the person hosting it would be at the greatest risk of all. An illegal act is grounds for rejecting an insurance claim, so the normal protection under homeowner’s insurance may not be valid, nor would household items necessarily be covered.
The cost of a fire, theft, any breakdown or serious injury to the premises could be entirely borne by the owner or tenant, should they want to risk being sued for breaking the lockdown by filing an insurance claim first place. .
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