Vaccine Mandate Has No Legal Problems, Challenges Against It Are Likely to Fail

• While various organisations plan to bring legal action against the government for the vaccine mandate, legal experts warn that such legal challenges will probably fail
• Some workplaces have already started to adopt vaccination policies, which have been applauded by experts who believe that employees must be protected
• Legal experts have advised that the vaccine mandate should only be applicable at non-essential venues, as this will align with the rights of South Africans

JOHANNESBURG - President Ramaphosa's vaccine mandate task team is working to decide how the policy must be implemented. Various organisations and individuals have publicly declared that they will bring legal action against the government if the vaccine mandate is instituted.

Mike Evans, a public lawyer who advised the government on lockdown restrictions, said that legal challenges to the vaccine mandate will probably be unsuccessful. However, a number of organisations, including the ACDP and AfriForum, are determined to pursue legal action.

Read also

Vaccine mandate causes South Africans to get the jab, Gauteng residents fear Omicron pandemic

Certain workplaces have adopted policies for their offices and premises, saying that only vaccinated employees and clients will be granted access. Labour law experts say that these policies are crucial in protecting people from contracting Covid-19 at work, eNCA reports.

Why the legal challenges against the vaccine mandate will fail

According to BusinessTech, AfriForum believes that the government's proposed vaccination policy infringes on the rights of South Africans to freedom of choice and bodily integrity. They wish to demonstrate their opposition to the mandate by challenging it on legal grounds.

Legal experts have expressed that the vaccine mandate should make allowances for unvaccinated people to access basic goods and services as this will ensure they are not forced to get the vaccine.

Read also

Where vaccine mandates could be adopted in SA, lobby groups advise government on policy

Although they do note that those who choose to remain unvaccinated will be excluded from public life, such as eating in restaurants and attending events. These activities are not rights and will be reserved for vaccinated people, the experts say.

South Africa reacts to legal experts' opinions

@NgoveniSbu said:

"I believe the real issue with unvaccinated people is that the virus continue to mutate through them causing the vaccines to be less effective even for the vaccinated. If more people vaccinate then the lesser the virus gets a chance to mutate into new variants."

@Richard_Spoor shared:

"It depends on the facts, the law is clear."

@Smottos2 asked:

"If the "new variant" comes, what happens to the existing or previous ones?"

@maxwell_mncwabe believes:

"If they say retail workers must vaccinate, that means every customers entering the shop must produce certificate as well, that will cause unnecessary congestion and inconvenience, time consuming equals less customers, sales, profits, a total shutdown, a complete foolishness."

Read also

Wits Covid19 vaccine mandate established without SRC approval, students clap back at university

@N_Mabs1 said:

It must be the same experts who said in the first script the vaccinated will not get Covid; die or hospitalised. Later the second script came and said the vaccine reduces the impact of the virus.

Vaccine mandate causes South Africans to get the jab

Yesterday, Briefly News reported that Gauteng has recently been reported as having the most cases of the new Omicron variant of Covid-19, which has inspired many of its residents to want to get vaccinated as soon as possible.

Another reason South Africans are rushing to vaccination sites is that President Ramaphosa announced on Sunday (28 November) that certain places and activities will soon be placed under a vaccine mandate, which only allows access to vaccinated people.

In recent weeks South Africa has been experiencing a slow vaccine uptake, as the percentage of fully vaccinated South Africans has remained at less than 30%.

Source: Briefly News