Telkom's mandatory "vaccine" policy is unconstitutional and invalid
The OHSA does not trump the Constitution
Context: South Africa only
While the ANC Communist Party has not introduced introduced mandatory “vaccines” for State employees no doubt fearing massive push back, it seems that it has instructed Telkom, a State owned entity to do so, cowards as the ANC Communist Party are. The ANC tends to get someone else to do their dirty work.
Telkom claims the Occupational Health and Safety Act (OHSA) as it’s justification for its jackboot intimidation tactics and trots out the now well known cabal bought and paid for attorney play book that, in Telkom’s case from 1 June 2022, any people looking to access any of its premises will either have to:
Be vaccinated, or at least provide documentary proof that they are Covid-19 risk-free; or
Unvaccinated people must provide proof of a negative and valid PCR Covid-19 result, in terms of government regulations, not older than 72 hours.
Neither the OHSA or any government regulations trump the Constitution and any plans that Telkom may claim to make to; “limit the risk to health and safety, as far as is reasonably practicable” must comply with the Constitution or they are invalid. This is not difficult for anyone to understand, including Telkom.
Section 12 (2) (b) of the Constitution gives all South African's the right to decline the jab and the right to decline the intrusive PCR test. The same Section 12 applies to any hasty amendments made to existing legislation as Phaahla has recently rushed through, directed by his cabal overlords.
In terms of the Constitution, the apex law, no one may be discriminated against for asserting their Constitutional Bill of Rights. Again, it's that simple.
The cabal bought and paid for mainstream media is quick to publish that the CCMA, which is not a court, has found against employees refusing to accept the jab. Reading the findings one will see that the employee did not assert their Constitutional rights preferring a different approach. If employees had asserted their Constitutional rights specifically Section 12 (2) (b) of the Constitution and nothing else then then the CCMA would have to find for the employee.
Mandatory vaccination and / or mandatory PCR testing, or any other invasive testing are expressly and unenforceable if one asserts ones Constitutional rights under Section 12 (2) (b) of the Constitution. Furthermore no one may be discriminated against for asserting any right included in the Bill of Rights. FACT.
Keep it simple and this applies to Telkom employees and any and all in similar situations; simply assert ones rights under Section 12 (2) (b) of the Constitution under the section heading Freedom and Security of the Person. There is no defense against this assertion and that is why we have a Bill of Rights. That’s all one needs to do. Keep it simple.
Problem is they know the majority will cave and comply. The path of least resistance is far easier to tread. Again people will get a medical procedure for none medical reasons, I.e. keeping their jobs. It is profoundly unjust and has no basis in science or medicine as all the data has proven the jabs don’t protect a third party in anyway shape or form
The same can be said for Dischem!! We should be demanding to know the vaccine policy of every business we deal with so that we can hold them accountable!!! We need to be boycotting the lot of them. See how quick they change!!