Solidarity launches court case against UFS over mandatory vaccination

19 January 2022

Solidarity announced today at a media conference that it has served court papers on the University of the Free State (UFS) with regard to this university’s controversial policy of compelling students and employees to get the Covid-19 vaccination. 

At the conference, Solidarity also announced its plans to file several other court cases regarding mandatory vaccinations in the workplace. According to Solidarity, its first case against Small Enterprise Employers of South Africa (SEESA) will be heard in the Labour Court in Johannesburg on 27 January.

“At the moment, the South African labour market is faced with huge uncertainty regarding whether employers may compel their employees, or even universities their students, to get vaccinated. As a result, we see dozens of employers exploiting this uncertainty and using it as an excuse to lay off employees without following the correct procedures,” explained Solidarity CEO Dr Dirk Hermann. “This situation is exacerbated by our government, which consistently refuses to give clear direction in this regard. Meanwhile, we are seeing employees’ rights and livelihoods being threatened throughout South Africa. It cannot continue like this. We must obtain legal certainty.”

Solidarity explained that in the last month, it had received more than 300 inquiries from its members regarding the legality of mandatory vaccination.

According to Solidarity, any form of “blanket approach” that does not take into account the unique situation of individual employees or students will be illegal and also undesirable.

“There is a huge danger in a system where the government or other institutions can make vaccinations mandatory, thereby restricting people’s rights. No state should have such power – especially not one that already has violated the trust of so many of its people,” Hermann said.

“On a practical note, we also see that compulsion is detrimental to a long-term vaccination programme. It creates resistance, and it damages trust and relationships. International trends also show that countries with successful vaccination programmes did not make vaccinations mandatory, especially not in the workplace. South Africans have been kept in the dark far too long. The uncertainty is hurting our economy and our state of mind. Drastic action must be taken.”

Issued by Connie Mulder, Head: Solidarity Research Institute, 19 January 2022