The Constitutionality of Mandatory COVID-19 Vaccinations

Abstract

The outbreak of COVID-19, a respiratory virus, has been widely regarded as a black swan event that has had a profound impact on the lives of people across the globe, including South Africa. The emergence of this virus has resulted in the implementation of various regulations that have affected all South Africans, particularly employees. This article delves into the extent to which employers can mandate their employees to be vaccinated against the risks associated with this virus, several measures were introduced to limit its effects. Vaccines were eventually developed to curb the spread of COVID-19. In response to government regulations, which included mandatory vaccinations, various constitutional questions arose in the employment context. This article examines the constitutionality of employers mandating their employees to be vaccinated against COVID-19. The article argues that compelling or making it mandatory for an employee to vaccinate against COVID-19 constitutes imposing medical treatment on them, which is not regulated in South Africa's legislative labour framework. Although employers have a common law and statutory obligation to provide a safe working environment, a blanket approach in implementing mandatory vaccinations in the workplace may not necessarily be procedurally and substantially fair.