Covid-19 Regulatory Update: 27 October - 2 November 2021
Highlights in this week’s edition include news on the:
recommendations announced by the International Bar Association’s Covid-19 Legal Policy Task Force;
withdrawal of various directions regarding measures to address, prevent and combat the spread of COVID-19 relating to biodiversity auctions, the biodiversity section, freshwater and marine fishing sectors and recycling of waste;
Oramed Covid-19 vaccine trial in South Africa;
legal action against the government and SA’s medicines regulator by the African Christian Democratic Party (ACDP) and several public interest groups to stop Covid-19 vaccinations for children between the ages of 12 and 17.
CONSTITUTIONAL LAW
McMurtry, Alyssa. Court declares Spain’s 2nd COVID state of alarm unconstitutional. (Spain)
“Spain’s Constitutional Court ruled on Wednesday that part of the state of alarm that lasted from last November to May to fight COVID-19 was unconstitutional. In a preview of the ruling, the court said declaring a six-month state of alarm went against the law.”
EMPLOYMENT
Compensation Fund says it will pay for Covid-19 vaccine injury at work – with conditions.
2021 Oct 22 Business Insider SA
“The Compensation Fund has laid out its requirements before it will accept Covid-19 vaccine injuries as on-the-job injuries, and pay. Vaccination must be an "inherent" job requirement, says the fund, and it wants to see the employers paperwork around that.”
ENVIRONMENTAL LAW
Disaster Management Act 57 of 2002
Withdrawal of various directions regarding measures to address, prevent and combat the spread of COVID-19 relating biodiversity auctions, the biodiversity section, freshwater and marine fishing sectors and recycling of waste.
INSURANCE
Dinnie, Donald (Norton Rose Fulbright). US jury rejects restaurant Covid-19 insurance claim.
“Readers who have been following the Covid-19 business interruption litigation in the USA will know that the courts have largely, at summary judgment stage, dismissed claims for coverage alleging that the virus caused physical damage to insured premises….The case is K.C. Hopps Limited v Cincinnati Insurance Co. case number 4:20-cv-437 US District Court for the Western District of Missouri. Herewith a copy of both the Motion and the Verdict.”
LEGAL POLICIES
International Bar Association. International Covid-19 Legal Policy Task Force: Executive Recommendations. October 2021.