Courts to decide whether mandatory vaccination contravene basic human rights

The government has, for once, done the sensible and responsible thing by standing back and allow the courts to decide whether mandatory vaccination contravene basic human rights that are guaranteed by our constitution.

Our courts remain the backbone of our democracy and have repeatedly set the country on the straight and narrow when it comes to corruption and upholding of human rights. It is to be hoped that any decision reached by the court will be respected by all.

Business Unity South Africa (Busa) has said it will put the matter before the constitutional court seeking a declaratory order on whether mandates are constitutional.

This will not be the last word, but will certainly guide companies, especially in implemented workplace vaccination mandates.

Our feeling is that, legally, companies are obliged, in terms of the occupational health and safety Acts, to provide their employees with safe spaces in which to work.

This means they are entitled, after a thorough risk assessment, to insist that workers are vaccinated for the health and safety of other workers and customers.

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A number of big companies have already announced vaccination mandates – and more are following daily.

Those opposing the mandates like to claim that those who don’t want the jab are the majority… and they are at the moment.

But as millions more get vaccinated, as is likely over the next two months, they will be in a shrinking minority. And, in a democracy, the will and wellbeing of the majority is what should carry the day.

Having said that, it will be difficult to enforce vaxx mandates in public places, or to, for example, to restrict inter-provincial travel to the vaccinated only, as has been mooted by some.

This issue must be approached with sensitivity and not jackboots. We don’t want a real rebellion on our hands.