SAFTU ‘exploring’ ways to get declaratory order on mandatory jabs
With
mandatory vaccinations fast becoming a reality in institutions of higher
learning and some companies, the South African Federation of Trade Unions
(SAFTU) on Sunday said they want a declaratory order from the Constitutional
Court.
A declaratory order is a ruling that is explanatory in its purpose and aims to clarify any doubts, defines and outlines rights and obligations as well as legally binding to both present and future rights.
“SAFTU is opposed to mandatory vaccination. However, at the same time it recognizes the onus that is puts on employers to make sure that workplaces and workspaces are safe and healthy,” says the union’s spokesperson Trevor Shaku.
Shaku explains that a declaratory order will be a guide in terms of a way forward with mandatory vaccines.
“The dilemma will have to at least be interpreted and solved through a constitutional declaratory order. SAFTU is exploring ways to get the declaratory order from the Constitutional Court to ensure there is a pronunciation that will give a guide as far as mandatory vaccination is concerned.”
He adds that the reason for this is also due to the rights given to individuals, that mandatory vaccinations violate.
“However, in the same breath we also recognize there are constitutional laws which bestow on every individual in this country, the right to chose what to do with their bodies.
“Mandatory vaccination will be violating this particular constitution prescript but also, because of the prescripts that emerge out of Occupational Health and Safety Act, there is the responsibility of making the workplaces safe and health,” says Shaku.
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