The business organisation Sakeliga today urgently appealed to the Minister of Labor via an attorney’s letter for clarity and rectification after a media statement from the Department of Labor created a false impression about compulsory vaccination programs in workplaces. Equivalent directives issued by the Minister of Labor create the impression that employers should launch compulsory vaccination programs for employees and contractors. The Department is apparently attempting to transfer the risk of constitutional violations to employers, instead of dealing with it itself.
“Sakeliga supports voluntary vaccination programs in the workplace. No employee should however be obliged or can be obliged by law to undertake medical interventions against their will and outside the scope of the employment contract, and directives or policies of the Department of Labor to the contrary effect are invalid, ” says Piet le Roux, CEO of Sakeliga.
Sakeliga notes that certain employers, including state-owned enterprises, have now launched a process requiring mandatory vaccinations of employees and independent contractors. In this regard, various mechanisms are used to oblige employees to participate in vaccination programs, including threats of dismissal or other disciplinary penalties.
Le Roux further confirms on the basis of legal advice obtained by Sakeliga on the issue that there is no generally applicable legislation that provides for the violation of a person’s right to bodily integrity.
“It appears that confusion is caused by the minister’s policy guidelines on compulsory vaccinations, that it creates a veneer of legitimacy regarding compulsory vaccinations, and that this has already led to a gross violation of bodily integrity in the workplace. It warrants emphasis that there is no legislation that provides for compulsory vaccination programs. ”
Sakeliga’s letter to the minister and the department requests, by 12 August, a withdrawal of the recent policy directive insofar as it illegally provides for seemingly legitimate and compulsory vaccination programs, and also requests that a media statement be issued to inform the public of the correct legal position regarding the constitutional right to bodily integrity.
Click here for the original letter to the minister.
