- Adami Geldenhuys
Covid-19 Regulatory Update: 27 October - 2 November 2021
Updated: Dec 14, 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.
“The task force recommended introducing an international pandemic treaty to encourage policymakers across the world to work together in managing current pandemics and avoiding future ones. The report has called for a globally coordinated, collaborative legal policy effort to enhance international communication and cooperation….
Specifically, the report included recommendations such as harmonising border controls and import-export rules, as well as laws regulating therapeutics and vaccines for fast track approval.
Further recommendations also highlighted: 1) communications, such as relaxing consent requirements to enable contact tracing; 2) intellectual property, so that medical treatments can be globally accessible and 3) employment, to apply international principles around mandatory testing and vaccinations.
Download the recommendations here.
TRAVEL
Big increase in South Africans flying to the UK as travel restrictions ease – what you should know.
New Covid-19 travel pass to be trialled in South Africa – what you should know.
UNLAWFUL OCCUPATIONS
Mthethw, Cebelihle. City of Cape Town to approach ConCourt as unlawful occupations increase.
“The City of Cape Town says it will approach the Constitutional Court to challenge a part of the Disaster Management Act (DMA) regulations following an increase in unlawful occupations. According to the City, following the declaration of the state of national disaster due to Covid-19, it had observed an increase in unlawful occupation as well as an increase in a variety of makeshift structures and tented camps being erected throughout the metro.”
VACCINES
Booster Shots
Medical association calls for immediate Covid-19 booster shots in South Africa.
Children
Kahn, Tamar. ACDP asks high court to stop Covid-19 jabs for teens.
“The African Christian Democratic Party (ACDP) and several public interest groups have launched legal action against the government and SA’s medicines regulator in an attempt to stop Covid-19 jabs for children between the ages of 12 and 17.”
Maphumulo, Mtho. Children consenting age to medical treatment.
“Since the reports surfaced that the government intends to reduce the vaccination age limit to just 12 years, many parents have raised huge concerns about the appropriateness and health implications of this... In view thereof, it is apposite to take a closer look at the children’s legal consenting age to medical treatment. In addition, this piece will also consider a situation where a parent refuses to have his/her child vaccinated where a child wants to vaccinate. Lastly, this piece will zoom into potential legal recourse where a child develops health complications.”
Zimbabwe approves Sinovac shots for older teenagers.
Mandatory Vaccinations
Butler, Anthony. Compulsion without legitimacy always fails.
“Persuasion must be the primary driver of compliance in vaccination drive….At first sight, the case for immediate mandatory vaccination against Covid-19 is strong. Vaccines protect against hospitalisation and death, and reduce the emergence of new variants. The risk of adverse effects is small.”
FDA endorses vaccine for children as young as five years; South Africa records 331 new cases.
Israelstam, Ivan. The compulsory COVID vaccination controversy.
2021 Oct 12 Labour Law Management Consulting
“Until the Constitutional Court makes a finding on forced vaccinations the legal position will be uncertain. The real risk of losing in court and the potential harm that could be done to employee relations at the workplace by forced vaccinations make it wise for employers to get employees to agree to vaccination through the use of education and non-coercive persuasion.”
Lekabe, Thapelo. Solidarity to UCT: Scrap mandatory vaccinations or see you in court.
“Trade union Solidarity is calling on the University of Cape Town (UCT) to review and scrap its policy of mandatory Covid-19 vaccination, saying it is a major infringement on the constitutional rights of students and the institution’s employees.”
The Network for Public Health Law. COVID-19 vaccination mandates – recent cases.
26 October 2021. (USA) [Report]
Ochsner Health disappointed by COVID-19 vaccine ruling. (USA)
“Louisiana’s largest health system says it's disappointed with an appellate court order blocking its decision to fire or discipline north Louisiana employees who refuse a mandate to be vaccinated against COVID-19.”
Sidimba, Loyiso. Government considering making Covid-19 vaccines mandatory for public servants.
Supreme Court rejects Maine health care workers' effort to block COVID-19 vaccine mandate. (USA)
Oral Vaccination
Sguazzin, Antony. Oramed to start oral Covid-19 vaccine trial in SA.
“The US-listed company has been given permission by the South African Health Regulatory Products Authority to start enrolling patients in Phase 1 of tests, it said in a statement.”
Vaccination Certificates
Jacobsberg, Ian. Vaccination certificates for religious gatherings – Who is on the side of the angels?
“The Department of Health has promised that some people will start to receive their vaccination certificates within weeks. It has been suggested that the organisers of events and conveners of gatherings will be able to choose to admit only persons who are in possession of a certificate. Predictably, the suggestion has attracted a backlash in some quarters, with suggestions that such a measure would infringe certain rights in terms of the Constitution.”
Vaccination Rewards
Rewards for getting a Covid-19 vaccine in South Africa – including Nando’s and Shoprite vouchers.
Vaccine Rollout
Bhengu, Xolile. Health department and regulator appeal to public to report any misconduct by vaccination sites in Covid-19 vaccine roll-out.
Date posted: 2 November 2021