Well with the country's COVID-19 vaccination drive starting to make headway, what happens if people don't want the jab? The South African Human Rights Commission is probing an incident where a tenant was allegedly forced to either get vaccinated, or have his rental lease terminated. Vanessa da Silva Feria, Senior Associate at Ulrich Roux Attorneys speaks to eNCA's Shahan Ramkissoon. Courtesy #DStv403
JOHANNESBURG - With the country's COVID-19 vaccination drive starting to make headway, what happens to those who don't want the jab?
The South African Human Rights Commission is probing an incident where a tenant was allegedly forced to either get vaccinated or have his rental lease terminated.
And what happens in the workplace?
Vanessa da Silva Feria, a senior associate at Ulrich Roux Attorneys, says the vaccine is not mandatory, and forcing anybody to get the jab is unconstitutional but this may depend on individual circumstances.
"When dealing with employers one needs to look at contextually, you first need to look at what the employers business is, what the employees role in that business is, as well as that employee's health," she said.
"The difference here is that an employer has a legal obligation and duty to ensure a safe and healthy workplace for its employees as well as members of the public who are encountering those employees so there, there is an active legal obligation for an employer to do something to ensure, if they can, to ensure that employees are vaccinated, especially in situations where the employee might come into contact with various members of the public."