PRESS RELEASE

 

13 April 2022

 

COVID-19 – LATEST “CODE OF PRACTICE”

NEASA SERVED MINISTER OF LABOUR WITH ULTIMATUM

 

Earlier today NEASA’s attorneys served the Minister of Employment and Labour with a Letter of Demand insisting that the:

 

• Code of Practice: Managing exposure to SARS-CoV-2 in the Workplace, 2022 (the ‘Code’) be withdrawn in toto;
• that the classification of SARS-CoV-2 as a risk Group 3 hazardous biological agent (HBA) be withdrawn; and
• that a firm undertaking be given by the Minister that he will not publish further Regulations which seeks to: 

• discriminate against people on the basis of their vaccination status;
• authorise the creation of mandatory vaccination schemes or programmes which compel employers and/or employees to consider mandatory vaccination as part of any workplace policy;
• compel a person to disclose his/her vaccination status;
• create rules, which will support or otherwise allow for the dismissal of any person as a result of their medical choices;
• penalise or prosecute any person who refuses to apply or otherwise comply with a vaccination policy; 
• encroach on or in any way limits a person’s right to bodily integrity and ability to make voluntary informed medical decisions.

 

It is NEASA’s view that the Code, by seeking a system of mandatory vaccinations in the workplace, is legitimising the limitation of the Constitutional rights of persons who choose not to be vaccinated and thereby, improperly infringes upon the workplace rights of both employers and employees, and places unrealistic and unreasonable obligations on employers.

 

NEASA is also of the view that the Minister has acted ultra vires in the creation of the Code, especially since the provision in the Labour Relations Act (LRA), on which the Minister relied, does not empower the Minister to that effect.

 

NEASA views the Minister’s classification of SARS-CoV-2 as a hazardous biological agent as inappropriate, administratively irregular, irrational, unreasonable and ultra vires the empowering legislation. 

 

It is NEASA’s understanding of the science relating to currently available vaccines, that the vaccines:

 

• do not prevent infection;
• do not prevent the spread of the virus, and
• do not prevent variants and/or mutations.

 

Accordingly, it is NEASA’s view that vaccination, as a means to manage workplace health and safety, is irrational and unreasonable.

 

NEASA also does not share Government’s view that the vaccines are safe. The Pfizer Cominarty vaccine, for instance, has almost 1300 recorded side effects, many of which can severely harm a person – or even result in death.

 

Therefore, considering the severe personal price that a person will have to bear as a result of vaccination, nothing less than complete voluntary vaccination can stand up to Constitutional muster. 

 

NEASA’s attorneys have given the Minister until 20 April 2022 to respond positively to these demands, failing which we have instructed our attorneys to proceed with an application in the High Court. 

 

Since NEASA does not expect a positive response to its demands from the Minister, the preparation for the High Court matter has progressed substantially. 

 

ISSUED BY

Gerhard Papenfus

Chief Executive

NEASA

 

MEDIA CONTACT

Jeanne Boshoff

Media Liaison

NEASA

060 885 5612

media@neasa.co.za