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How to Handle PCR and Rapid Antigen Test Coercion

Polymerase Chain Reaction (PCR) and Rapid Antigen testing are frequently unlawfully mandated in the workplace as a prerequisite to employment. 

This testing may be declined on exactly the same grounds as per the vaccine. They are medical procedures, and there can be no informed consent unless scientific proof can be provided stating that the tests are safe and effective.

Have you seen a package insert for these tests? Without long term testing and safety data for chronic diseases, like cancer, which do not just pop up overnight, there can be no informed consent.

Furthermore, employers may not require employees to have testing at their own cost. This is trite law for all medical tests required by employers. If an employer requires testing, the cost for that procedure must be borne by the employer.

Finally and perhaps most importantly, the newly published Government Gazette (No. 11389)1 February 2022, 6. (1) states that:

No person who is a confirmed laboratory positive COVID-19 case and is symptomatic, may refuse to be treated or to be admitted to a health establishment for treatment or isolation in order to prevent transmission.

In the same regulation, it states that you may be detained in this “health establishment” for 48 hours without a warrant and that, further to the provision of a warrant, you will have to submit to “mandatory prophylaxis”.

This, dear friends, is a government “passport” to “universal vaccination” otherwise known as a “vaccine mandate”.

PLEASE DO NOT SUBMIT TO TESTING FOR COVID-19!

Here are the laws, regulations and acts that protect us.

The Employment Equity Act, 55 of 1998

Per 7. (1) (a) and (b), employers are forbidden to force any medical tests on employees.

Section 6 – Employers may not unfairly discriminate against employees, whether directly or indirectly.
Section 7 – 8 –
Employers are forbidden to perform medical or psychological testing on employees without their consent.

The Health Act, 61 of 2003

There has been no legislation passed by the Minister of Health in cooperation with the Government as is clearly their responsibility as defined by the above Act. 3. (1) c). Your employers or your university are not responsible for my health and to demand that you should be tested against your will is, therefore, breaking the law.

The Act also states in 6. (1) c) and 7. (1) (a,b,c) and 8. (2) (a,b) that you should have full knowledge and informed consent – but, as there is also no long term safety data on the possibility that these medical procedures will cause chronic disease such as cancer, which don’t develop overnight, there is insufficient information to satisfy this legal requirement.

Finally, 6. (1) (d) and 8. (1) state that you have the right to refuse any health service.

The National Institute of Communicable Diseases also protects you:

The regulations and testing procedures state that testing can only be done after you show symptoms, and only after referral by a medical doctor or qualified sister or nurse. If you do not have symptoms, and you follow safety protocol as per the guidelines by NCID and Department of Labour, you are under no obligation to be tested medically.

And, here follows the legal chapter and verse…

The Employment Equity Act 55 of 1998

5. Elimination of unfair discrimination.
6. Prohibition of unfair discrimination.
6.1) No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground. [Sub‑s. (1) substituted by s. 3 (a) of Act No. 47 of 2013.]

Wording of Sections:

(2) It is not unfair discrimination to —

(a) take affirmative action measures consistent with the purpose of this Act; or

(b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job.

(3) Harassment of an employee is a form of unfair discrimination and is prohibited on any one, or a combination of grounds of unfair discrimination listed in subsection (1).

(4) A difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one or more of the grounds listed in subsection (1), is unfair discrimination.

[Sub‑s. (4) added by s. 3 (b) of Act No. 47 of 2013.]

(5) The Minister, after consultation with the Commission, may prescribe the criteria and prescribe the methodology for assessing work of equal value contemplated in subsection (4). [Sub‑s. (5) added by s. 3 (b) of Act No. 47 of 2013.] (Date of commencement of s. 6: 9 August, 1999.)

7. Medical testing —

(1) Medical testing of an employee is prohibited, unless –
a) legislation permits or requires the testing; or
b) it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution of employee benefits or the inherent requirements of a job.
(2) Testing of an employee to determine that employee’s HIV status is prohibited unless such testing is determined justifiable by the Labour Court in terms of section 50 (4) of this Act. (Date of commencement of s. 7: 9 August, 1999.)

8. Psychological testing and other similar assessments of an employee are prohibited unless the test or assessment being used —

a) has been scientifically shown to be valid and reliable;
b) can be applied fairly to employees; [Para. (b) amended by s. 4 of Act No. 47 of 2013.]
c) is not biassed against any employee or group; and [Para. c) amended by s. 4 of Act No. 47 of 2013.]
d) has been certified by the Health Professions Council of South Africa established by section 2 of the Health Professions Act, 1974 (Act No. 56 of 1974), or any other body which may be authorised by law to certify those tests or assessments. [Para. (d) added by s. 4 of Act No. 47 of 2013.] (Date of commencement of s. 8: 9 August, 1999.)

9. Applicants – For purposes of sections 6, 7 and 8, “employee” includes an applicant for employment.

The National Institute of Communicable Diseases

Testing can only be done after you show symptoms and after referral by a medical doctor or medical sister or nurse. If you do not have symptoms and follow safety protocol as per the guidelines by NCID and Department of Labour, you do not have to be tested medically.

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