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Freedom of Religion SA

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.

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