AfriForum submits comments on proposed vaccine injury compensation scheme

19 April 2021 

The civil rights organisation AfriForum submitted comments on the proposed COVID-19 Vaccine Injury No-Fault Compensation Scheme (the Scheme). This follows the call by Health Minister Dr Zweli Mkhize for citizens to comment on the regulations establishing the Scheme, which had to be submitted within only five days.

AfriForum requested that the following information be provided:

Why steps are only taken at this late stage to put the Scheme in place.

Details of the indemnity granted to the manufacturers of the vaccines.

How vaccine manufactures will compensate government for claims paid to citizens related to vaccine injury.

How persons and/or institutions whose conduct caused injury will be held accountable if no court action against such persons and institutions are provided for.

AfriForum proposed the following amendments to the regulations:

That an expert panel consisting of members of the private, non-profit and public sector be established to be responsible for the administration of the Scheme and that the Scheme will not be administrated by the Department of Health.

That all COVID-19 vaccines, also those not procured and distributed by the government, be covered by the Scheme.

That temporary vaccine injuries resulting in loss of income also be covered by the Scheme.

That the regulation that limits citizens’ access to court relating to claims be scrapped, or alternatively, well-defined processing times and outcomes be provided for every phase of the claims process.

That the regulations that prohibits citizens to take legal action against vaccine manufacturers or institutions or persons administering vaccines (national and provincial governments excluded), be scrapped.

AfriForum also alerted the minister to the following:

All money available to government belongs to taxpayers and citizens.

When a supplier profits from a product procured with tax money, the supplier must also bear the risk of and accountability for the consequences of such a product.

Government exists to serve citizens and there is no place for secrecy when it comes to vaccines.

The purpose of actions of government must be clear, in order to gain the support of citizens.

The actions of government relating to vaccines are not conducive to creating trust between government and citizens and they will only follow guidance by government if government is trusted.

“Government’s poor track record points to the fact that it is critical for the administration of the Scheme to be established outside of a government department. It is unthinkable that citizens’ right to access to the courts is limited and that temporary injury resulting in loss of income is not specifically covered by the Scheme. The exclusion of vaccines that are not procured and distributed by government is not in the interest of citizens. The lack of clarity on how institutions and persons will be held accountable for negligent actions is alarming,” says Barend Uys, head of research at AfriForum.

Issued by Andrea van Wyk, Media Relations Officer, AfriForum, 19 April 2021