The issue of vaccination could bring the country’s supreme legal document into frequent play
South Africans are justifiably proud of our constitution. Since its promulgation in 1996 the country’s supreme legal document has been recognised as one of the most progressive in the world. It is designed to protect the rights of every South African, particularly the most vulnerable.
The preamble to the constitution declares, among other things, that SA as a country belongs to all who live in it, and that we are united in our diversity. The constitution holds high the prioritisation and protection of human dignity, the achievement of equality, and the promotion of human rights and freedoms.
Anyone approaching a court claiming that their rights have been violated will therefore have to consider whether such a violation or limitation of a right is not limited by a reasonable and justifiable law of general application based on human dignity, equality and freedom. In the case of employers enacting vaccine mandates, the likely argument will be that they have an obligation to provide a safe workplace that does not put at risk their employees’ rights to health and life.
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