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CAN YOU BE MANDATED BY YOUR EMPLOYER TO GET VACCINATED – AND IF YOU ARE INJURED BY THE VACCINE, CAN YOU SUE YOUR EMPLOYER?

Dear South Africa commissioned law firm Hurter Spies to provide a legal opinion the constitutionality of mandatory workplace vaccinations against Covid-19.

In SA and abroad, opinions vary as to the legality of vaccine mandates, though there is an emerging consensus that some form of balance has to be achieved when weighing up an employer’s obligation to provide a safe and secure working environment by deciding whether to enforce a mandatory vaccination policy viz-a-viz an individual’s rights as enshrined in the Constitution.

“These affected rights include the right to freedom and security of the person, which includes the right to bodily integrity, as well as the right to freedom of religion, belief and opinion,” says Hurter Spies.

IN THE MEDIA

• Health24 – Amid concerns, fears over new Covid-19 virus variant – a reminder why vaccination is vital
• Businesstech – South Africa will need to consider mandatory vaccinations and incentives in the coming months: business group
• Businesstech – Vaccinations could be made compulsory in South Africa as last resort: commission
• BIZNews – There is no rational basis for mandatory vaccination – PANDA
• BIZNews – Universal vaccination vs targeted vaccination – PANDA’s Nick Hudson
• News24 – Like Discovery and Curro, Sanlam will also require staff to be vaccinated
• News24 – Universities ponder implementing mandatory vaccination at campuses
• Fin24 – We won’t make vaccination mandatory, but we might move anti-vaxxers around – Momentum CEO
• BIZNews – Mandatory vaccination: does Covid-19 pose a serious enough threat to override the Constitution?