SA
You are viewing:
South Africa theredlist.co.za
Switch to:
United Kingdom theredlist.uk

Issues and Problems with the Department of Labour’s Code of Practice

Courtesy Gerhard Papenfus, Chief Executive of NEASA, 13 April 2022

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

  1. Code of Practice: Managing exposure to SARS-CoV‑2 in the Workplace, 2022 (the ‘Code’) be withdrawn in toto;
  2. that the classification of SARS-CoV‑2 as a risk Group 3 hazardous biological agent (HBA) be withdrawn; and
  3. 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. 

Originally published at https://​mailchi​.mp/​n​e​a​s​a​/​c​o​v​i​d​-​1​9​-​l​a​t​e​s​t​-​c​o​d​e​-​o​f​-​p​r​a​c​t​i​c​e​-​n​e​a​s​a​-​s​e​r​v​e​d​-​m​i​n​i​s​t​e​r​-​o​f​-​l​a​b​o​u​r​-​w​i​t​h​-​u​l​t​i​matum

News Feed
Make Your Voice Heard
7 April 2022 • theredlist.co.za Make Your Voice Heard How to push back against medical fascism and the proposed amendments to the National Health Act. Pinned
You can be retrenched with zero severance for refusing vaccination, CCMA rules
16 May 2022 • businessinsider.co.za You can be retrenched with zero severance for refusing vaccination, CCMA rules The ruling came in what the employment law practice of Cliffe Dekker Hofmeyr (CDH) called a case with "relatively simple" underpinning facts.
Don’t underestimate the power of your influence
13 May 2022 • drtesslawrie.substack.com Don’t underestimate the power of your influence We all need to do what we can to #StoptheWHO
Covid-19: World Health Organisation (WHO) Proposed Pandemic Treaty: President Sways on Imminent Threat
11 May 2022 • neasa.co.za Covid-19: World Health Organisation (WHO) Proposed Pandemic Treaty: President Sways on Imminent Threat NEASA, in an open letter to the President on 12 April 2022, requested confirmation and clarity on the extent of South Africa’s involvement in the WHO proposed pandemic treaty, as mentioned in various of the organisation’s press releases and newsletters.
India: Nobody Can Be Forced To Get Vaccinated; Vaccine Mandates Not Proportionate: Supreme Court
2 May 2022 • livelaw.in India: Nobody Can Be Forced To Get Vaccinated; Vaccine Mandates Not Proportionate: Supreme Court The Supreme Court on Monday held that no individual can be forced to get vaccinated and the right to bodily integrity of a person under Article 21 of the Constitution include the right to refuse vaccinate.
Concerns over amendments to Health Act and how they could result in abuse of power
24 April 2022 • news24.com Concerns over amendments to Health Act and how they could result in abuse of power “We have picked out five core issues which we have raised in our submission as issues that have the possibility of undermining the constitutional rights of patients.”
Open Letter from NEASA to the President: WHO International Pandemic Prevention Treaty
20 April 2022 • mailchi.mp Open Letter from NEASA to the President: WHO International Pandemic Prevention Treaty “From the clear and abundant failures of the WHO during the current pandemic, South Africans cannot condone your further knee-bending to this power-hungry, financial monopoly serving organisation.”
Canadian Police for Freedom Demand Criminal Investigations for Covid Crimes
19 April 2022 • drtrozzi.org Canadian Police for Freedom Demand Criminal Investigations for Covid Crimes Police for Freedom Canada has directed a detailed 88 page letter to Manitoba Police Forces demanding and justifying (in detail) a criminal investigation into Public Health officials in Manitoba for alleged COVID-19 crimes.
See All
The Red List Menu
Home Q&A The Red List Green List