Some University of Johannesburg students are up in arms and on Wednesday members of the EFF Students Command Council embarked on a protest to vent their anger at the institution’s vaccination policy they said violated their constitutional rights.
EFF spokesperson Sinawo Tambo described UJ’s stance as draconian, fascist and another abuse of the broadly defined freedoms afforded to institutions of higher learning to operate as states within a state.
“Students should consult with their constituencies on a way forward and perhaps take heed from their counterparts in the University of Limpopo and completely disregard these mandates and go to campus,” said Tambo.
EFF member of the Auckland Park campus, Khutjo Mnisi, said UJ would kick out students who refused to take a jab, out of the residential centres.
“Basically what they are saying is that if you are not vaccinated, you are not eligible to study.
“This means you are academically excluded because they say you pose a threat to those who are vaccinated.
“They (students) would be taken out despite the fact that they have signed contracts and all of those things.
“But no university or company can force someone to take a vaccine because that is basically taking health decisions on behalf of the individuals.
“We want the university to allow students to enter campus and study. We feel they did this deliberately when they brought back physical classes because they know everyone would be forced to take vaccines.”
In December 2021, UJ took the decision to make Covid-19 vaccination mandatory.
The varsity said the policy, which came into effect on January 1, means that staff and students would need to provide their vaccination status before gaining access to any campus or facility.
The measures also apply to ad hoc contractors, identified stakeholders and visitors.
In a statement released on February 9, the institution reminded students that they must be at least partially vaccinated and upload their proof of vaccination on the website by February 14.
UJ spokesperson Herman Esterhuizen is adamant that a student’s registration would be cancelled if she or he is not fully vaccinated and compliant with the university’s mandatory vaccination policy by March 31.
“Students who do not plan to be vaccinated can under exceptional circumstances apply for an exemption.
“Only health and religious grounds will be considered.
“If the exemption request is approved, the student will need to present a weekly negative Covid-19 test before being allowed to access any campus or facility.
“The student can at any time decide to get vaccinated,” said Esterhuizen.
“It is important to note that UJ has balanced the rights of individuals against the collective rights of the broader university and the surrounding community.
“As the collective rights take precedence, the rights of individuals may be limited, in terms of section 36 of the Constitution.”
Asked why UJ was forcing students to take vaccines even though they can still be infected with Covid-19 after a jab, Esterhuizen said vaccines have been found to be safe and any side effects resulting from vaccination were typically mild and short-lived.
“The continuation of online-only, remote education is impracticable and unsustainable for all or most of the academic programmes offered by the university and undermines the UJ’s desire to optimise teaching outcomes and its obligation to maintain academic standards across the various programmes it offers,” he said.
First year student, Nelisiwe Lethoko, said it was wrong for the university to force them to take vaccines.
“It is my body and they must respect my decision.
“At the end of the day it is me who is going to be sick.
“So I don’t understand why they are forcing me to get vaccinated.
“It should be up to me to decide,” said the 20-year-old.
And France Mogale said he was forced to take a jab against his will because he was desperate to complete his studies but he still feels this was a violation of his choices.
“I was compelled to vaccinate because the institution forces us to.
“I did this because I want to further my studies.
“This is my last year and I want to graduate.”
Lihle Sithole said she too was also forced to take the jab because those who refused would not be denied access to the premises.
African Christian Democratic Party (ACDP) leader Kenneth Meshoe, the only party that is openly against mandatory vaccines, said his party will be consulting the students next week to talk and strategise.
“Protesting is one of the options.
“We are going to look at getting into the streets and mobilising students from other universities.
“They must not be forced to take vaccines.
“We took the matter to court and they said our applications were not urgent and they struck them off the roll saying we must follow the necessary procedures while the vaccination is taking place.
“Our plan was that the rolling of vaccines would be suspended in the ruling.
“It has been very frustrating to see children being denied education after the president promised that people would not be denied education for refusing to be vaccinated,” said Meshoe.
National Employers’ Association of SA (Neasa) chief executive Gerhard Papenfus said mandatory vaccination policies introduced by certain “monopolies”, where the constitutional rights of individuals are blatantly disregarded, with “a lacklustre support given by many trade unions”.
“In our view, this is a clear infringement of the constitutional rights to equality, access to education, bodily integrity and opinion, religion and belief.
“Students would be able to approach the Equality Court, or other courts on an urgent basis to address the infringements,” he said.
Legal expert Wiseman Khalishwayo said there was no legislation or law on mandatory vaccination in the country.
“Currently no one is compelled to take vaccine jabs, but the conditions imposed at institutions like workplaces, university and other facilities are tantamount to constructive dismissal/forcing out because of the way these conditions are structured.
“Should this be allowed as a fair practice next will be the compulsory HIV testing and other body invasion until the aims and purport of the constitution bill of rights is totally eroded.”
He said there was nothing preventing students from challenging the decision by the university so that it received constitutional scrutiny.
“Parliament can make regulations for compulsory vaccination as Health Minister Joe Phaahla has insisted but until it passes the Constitutional Court scrutiny mandatory vaccination could not be legally justifiable.”
Sunday Independent