WHAT ARE MY RIGHTS?

You have the right to freedom and security of a person as stipulated in section 12 of the Constitution. More specifically, you have the right “to bodily and psychological integrity, which includes the right to make decisions concerning reproduction; to security in and control over your body; and not to be subjected to medical or scientific experiments without your informed consent.” This right applies to everyone in South Africa.

Simply put, everyone has the right to choose whether they want to take the vaccine or not.

Can my right to refuse the vaccine be limited?

The simple answer is yes. Although your right to say no is protected by the Constitution, rights may be limited provided there are justifiable (valid and sensible) reasons for doing so in an open and democratic society based on human dignity, equality and freedom. This is stated in the “Limitation Clause” in section 36 of the Constitution.

When can I be forced to take the vaccine?

In South Africa, employers are required to undertake a risk assessment to determine whether or not they intend to make vaccination compulsory. Employers are required to do so in accordance with the Labour Relations Act, the Occupational Health and Safety Act, the Employment Equity Act and the Basic Conditions of Employment Act and to consider the operational requirements of the workplace.

Simply put, getting vaccinated remains voluntary in South Africa at the writing of this article (15 September 2021). However, if an employer does a risk assessment and decides otherwise, employees could be forced to get the vaccine. This is the situation in many countries, including our neighbor Zimbabwe, which has a Constitution very similar to ours.

What are my employer’s responsibilities?

Employers have a duty to protect everyone’s right to a safe working environment. Therefore, your employer is required to ensure that all employees understand the consequences and risks of refusing the vaccine and that they may be forced to take the vaccine to reduce the threat of a serious risk to public health.

Disclaimer

THIS IS NOT LEGAL ADVICE.

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