Constitution should be amended before jab is mandatory

Section 12 (2) (c) totally deprives the SA government or any institution or corporate of any powers to make an experimental vaccine mandatory, the writer says.
Section 12 (2) (c) totally deprives the SA government or any institution or corporate of any powers to make an experimental vaccine mandatory, the writer says.
Image: Sebabatso Mosamo

"In the presence of everyone assembled here, and in full realisation of the high calling I assume as President of the Republic of South Africa, I, swear/solemnly affirm that I will be faithful to the Republic of South Africa, and will obey, observe, uphold and maintain the constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always protect and promote the rights of all South Africans... "

This is an extract of an oath from the constitution of SA which the president takes before assuming office. The president swears to uphold and maintain the constitution and promises to protect and promote the rights of all South Africans. If this is true, then the president should know that the government cannot, as far as the constitution is concerned, mandate an experimental vaccine.

Section 12 (2) of the constitution clearly states that everyone has the right to bodily and psychological integrity, which includes the right – (a) to make decisions concerning reproduction; (b) to security in and control over their body; and (c) not to be subjected to medical or scientific experiments without their informed consent...

Section 12 (2) (c) totally deprives the SA government or any institution or corporate of any powers to make an experimental vaccine mandatory. Clause 5.5.5 of Pfizer's contract with the SA government states blatantly that this is an experimental vaccine and it has not undergone long-term trials.

Before this experimental jab could be made mandatory, the constitution will first have to be amended and changes be made to section 12 (2). But still, even if there was legislation that forces vaccination for an experimental vaccine, it cannot work.

The government has a constitutional duty to protect citizens against anyone or any institutions or corporations which may force an experimental vaccine on its people or employees. Mandating an experimental vaccine is a total violation of the constitution.

Tebogo Brown, Witpoortjie, West Rand

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