“It’s my constitutional right not to get vaccinated and President Cyril Ramaphosa said no one can force me to get the jab.”
Correct.
But remember, you are not the only one with “rights” and “freedom of choice”.
Individuals have a right to refuse unvaccinated people entry to their private property (or anyone else for any other reason).
Governments, by their own law, can refuse unvaccinated visitors into their country. Think Novak Djokovic and Australia.
And private companies have a right to fire employees who do not comply with their Covid-19 and other health and safety protocols.
Does that clear everything up? Everyone’s rights upheld. Everyone happy now?
Not quite.
This week the Daily Voice published the story of Kenton Paulse who feels hard done by after he was dismissed for “incapacity”.
His employer, RAM Couriers in Bellville, explained this was due to his “failure and/or refusal to be fully vaccinated against Covid-19 virus”.
RAM said they had done a risk analysis and sent several memos to staff over three months, informing them of their new vaccine policy.
Kenton had used his asthma as a medical reason to request an exemption from vaccination.
But the company, and even his own GP, did not support his case.
Now Kenton is sitting without a job, which is a major blow to him and his family.
His rights and freedom of choice are still intact, though.
The question is: what recourse do people like Kenton have in the courts, the CCMA and with the unions?
Not many, unfortunately.
This week the CCMA made a landmark ruling that the dismissal of an employee for refusing to be vaccinated against Covid-19 was fair.
Theresa Mulderij appealed her dismissal for incapacity by the Goldrush Group and wanted to be either reinstated or compensated.
But the CCMA found that the company’s vaccination policy was above board.
They’d followed the correct processes - held consultations with unions and employees over a three-month period.
Staff had been informed of the benefits of vaccination. Specialists, including a doctor, traditional healer, virologist and a human rights commissioner had been made available to answer questions.
Theresa had applied for medical exemption and brought up her “constitutional right to bodily integrity”.
But her appeal was trumped by the words of Deputy Judge President Roland Sutherland, who said: “If one wishes to be an active member of a community then the incontrovertible legitimate interest of the community must trump the preferences of an individual.”
Klaar wat dit so is.
Where does that leave poor Theresa? Sitting at home just like Kenton.
Why? Probably because of fake news, conspiracy theories and anti-vaxx misinformation.
All this talk of Bill Gates, 5G, pure blood and the “mark of the beast”.
And the other tired argument: The vaccine doesn’t stop you from getting infected.
Mense, for the thousandth time: The vaccine is like a seat belt. It does not prevent car accidents, but it can protect you from hospitalisation and death in case of an accident.
Vaccines don’t kill people, Covid does. It’s already killed 95 000 South Africans.
Don’t be a bangbroek. It’s two quick pricks and klaar. No tears.
Do it for your family, your community, your livelihood. Do it for your own sake.
Or don’t. The choice is yours.
taariq.halim@inl.co.za