Alan Dobson SC says a legislating vaccine mandates would have to be weighed against various constitutional provisions and was likely to see legal challenge
Judicial Service Commission
The government declared a national state of disaster on 15 March last year in response to the Covid-19 crisis, and it remains in place. It could use this framework, through the issuing of regulations, to make Covid-19 vaccinations mandatory. “It raises issues in relation to the right to bodily integrity; it raises issues in relation to section 9 as well; and the Employment Equity Act, in relation to potential discrimination on the grounds of thought, belief and opinion,” he said in reply to a question.
Section 36 states that rights may be limited by laws of general application, but only insofar as this is “reasonable and justifiable in an open and democratic society based on dignity, freedom and equality” and twice, in the high court,“There are laws of general application, there is the Mine Health and Safety Act, there is the Occupational Health and Safety Act.
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