Saftu joins business in seeking declaratory order on mandatory vaccinations

The South African Federation of Trade Unions (Saftu) wants a declaratory order on Covid-19 mandatory vaccinations amid disputes and confusion over the matter.

Mandatory vaccinations have been making waves across the country, prompting some to seek clarity from the Constitutional Court (ConCourt) via a declaratory order on the legality of this move.

Following the emergence of the new Omicron variant and a pending fourth wave of infections, some companies have been implementing vaccine mandates for staff as they prepare a return to offices early next year.

Business for South Africa (B4SA) has since called for public-access restrictions for the unvaccinated.

This may see certain public spaces being open only to people who are vaccinated. These places include hospitals, grocery stores, events and certain government services, among others.

President Cyril Ramaphosa, during his address to the nation in November, announced that he had appointed a task team that would undertake broad consultations on making vaccinations mandatory for specific activities and locations.

Declaratory order

Saftu has insisted on a declaratory order, saying it will be a guide in terms of a way forward with mandatory vaccinations for workplaces.

“Saftu is opposed to mandatory vaccination. However, at the same time it recognises the onus that it puts on employers to make sure that workplaces and workspaces are safe and healthy

“The dilemma will have to at least be interpreted and solved through a constitutional declaratory order. Saftu is exploring ways to get the declaratory order from the Constitutional Court to ensure there is a pronunciation that will give a guide as far as mandatory vaccination is concerned,” Saftu spokesperson Trevor Shaku told Jacaranda FM.

ALSO READ: Nedlac backs calls for vaccine mandates for workplaces, public areas

Shaku further argued that forcing citizens to get vaccinated was a violation of their rights.

“Mandatory vaccination will be violating this particular Constitution prescript but also, because of the prescripts that emerge out of Occupational Health and Safety Act, there is the responsibility of making the workplaces safe and health,” he said.

Business Unity South Africa (Busa) also revealed that it would consult their legal advisors about the possibility of applying to the court for a declaratory order to provide additional legal certainty to back up the Occupational Safety and Health (OHS) guidelines already in place.

Some employers have relied on the OHS guidelines to enforce vaccine mandates. 

Employment and Labour Minister Thulas Nxesi last week confirmed that government supported Busa going to the ConCourt to get a declaratory order on vaccine mandates.

Religious group asks Concourt to allow them to stay unvaccinated

Vaccine mandates

Discovery took the lead among companies announcing in September when it announced that it would require all employees to be vaccinated from January.

Private education group Curro Holdings and insurer Old Mutual, followed by Sanlam, have also since also mandated vaccinations.

Momentum Metropolitan indicated that it would not enforce mandatory vaccinations, but that it may need to move around employees who don’t want to be vaccinated.

READ MORE: Unions change tune again on mandatory vaccination

Private hospital groups Life Healthcare and Mediclinic both announced in October that they would introduce mandatory vaccination policies for staff and providers.

Meanwhile, Netcare has elected not to make vaccines compulsory, telling BusinessLIVE that it would take a different approach to its competitors.

Additional reporting by Moneyweb