The Thulas Nxesi Covid Code is a nothing burger
Section 12 (2) (b) of the Constitution cannot be penetrated
30th March 2022
Context: South Africa only
If the Thulas Nxesi Covid Code comes into force on the revocation of the State of Disaster it will not legally empower employers to force their employees to accept the Covid jabs nor will it legally empower the employer to discriminate against employees or dismiss them despite the hype in the media. In short, with regard to forced vaccination the Code means absolutely nothing, it changes nothing and any South African may constitutionally decline the jab and not be discriminated against.
The Code described as the CODE OF PRACTICE: MANAGING EXPOSURE TO SARS-COV-2 IN THE WORKPLACE, 2022 amends existing labour law legislation by way of notice No. R. 1876 given on 15 March 2022 and is not required to go through the parliamentary process.
It’s most important to understand that the Code amends existing Statutory Law. A fundamental principle of South African Law is that Statutory Law can never trump or over rule Constitutional Law and this is most important to understand. So the Code, and any plans that any employer may make under the Code with regard to vaccination must be constitutionally complaint. If not, then the plan is void ab initio, or from the beginning and never came into place. This precedent is well established in law.
Under the heading Freedom and security of the person, Section 12 (2) (b) of the Constitution reads; Everyone has the right to bodily and psychological integrity, which includes the right to security in and control over their body; This means that regardless of any plans, or rules, or codes or anything else, anyone may legally, in terms of the Constitution decline the jab and not be discriminated against for asserting their Constitutional rights. So no discrimination, no change of job, no work from home, not segregation from fellow workers, no testing, nothing. In terms of the Constitution, jab-free persons must be treated identically as jabbed persons. No medical Apartheid; its Constitutional law, and it’s very simple to understand.
So what’s all the fuss about then? In short the ANC Communist Party is attempting to use employers to force the jab. Ramaphosa knows this is constitutionally impossible and therefore illegal, but he’s trying to do it anyway. Why? Because he promised his NWO Globalist paymasters a 70% jab uptake and he has delivered less than 30%. That’s a problem for him in itself, but he also took the NWO Globalist money, and his paymasters are demanding their pound of flesh.
Ramaphosa is no fool, and he has had his legal mercenaries carefully craft the Code which gives the impression that employers have the legal authority to mandate or force vaccines on their employees, but does not do this as a careful reading will confirm.
Certain professional legal practices have implied that the Code will give employers the legal authority to mandate or force vaccines on their employees but they have never come out and said that. The question has to be; why not? The answer is that lawyers know that forced vaccination is constitutionally impossible. Even a second year law student knows that statutory law, and that’s what the Code is cannot trump constitutional law.
Ramaphosa, the ANC and the NWO Globalists have all covered their asses you that they cannot be sued, but they have created the impression that that employers have the legal authority to mandate or force vaccines on their employees. If ever one had the slightest impression that the ANC Communist Party served the best interests of the people who elected them and acted in the people’s best interests, then you will realise after reading the rest of this article that they do not. The ANC Communist Party and the major opposition parties all serve the NWO Globalists who fund them handsomely. Always follow the money.
The ANC Communist Party should have and indeed is constitutionally required to serve the people and should have and is required to say that no employer may force any employee to accept the jab and that no employer may discriminate against any employee who declines the jab. But they did not, and worse they implied the opposite. The ANC Communist Party has declared war on the people because this suited their personal financial best interests. Some may say this amounts to treason.
So exactly what does the Thulas Nxesi Covid Code actually say? I’ll cover this below, relevant chapter and verse.
The Thulas Nxesi Covid Code, described fully above, will become part of the Health Act and so it will become statutory law. The Code is deliberately long and confusing, bullshit baffles brains, and so I’m only going to address the mandatory or forced vaccination parts, because really, that’s all what this is about.
The primary responsibility of the employer is to develop a plan to combat Covid. The use of Arial italics below means that the content is copied directly from the proposed legislation. Emphasis is the writer’s.
2. Purpose of this Code
(1) A purpose of this Code is to guide employers and employees in managing exposure to SARS-CoV-2 in the workplace by providing guidance to employers and employees in -
(a) conducting or updating a risk assessment in terms of the OHSA and the HBA in respect of SARS-CoV-2 exposure;
(b) developing a plan to limit infection, transmission and mitigate the risks of serious illness or death on the basis of that risk assessment;
Each employer must develop their own plan and the developed plan must obviously be legal and must cover certain elements. By way of an extreme example, the plan would be illegal if the jabbed were required to shoot the jab-free on sight. Now think about Section 12 (2) (b) of the Constitution discussed above and one can already realise that a plan that required forced vaccination would be illegal.
The plan must include a risk assessment and the risk assessment.
5. Risk assessment and plan
(1) Every employer must-
(a) undertake a risk assessment to give effect to its obligations under the OHSA and the HBA Regulations;
(b) on the basis of the risk assessment develop or amend its existing plan to include-
(i) any measures to be implemented in respect of the vaccination of its employees and, taking into account the intervals between vaccinations, the dates by which the employees must be fully vaccinated; and
(ii) any other protective measures contemplated section 6 (1) and (2);
The plan must take into account the intervals between vaccinations, the dates by which the employees must be fully vaccinated. This does not say all must be vaccinated and therefore refers only to the employees who have chosen to vaccinate.
Section 12 below is the section that concerns most people, but it must be very carefully read because it’s deliberately drafted to deceive without causing liability to the state.
12. Vaccination of employees
(1) Every employer must in accordance with the measures contemplated in section 5 (1)(b)(i)-
(a) notify the employee identified in terms of section 6(1)(a) of the obligation to be vaccinated;
The employer must notify the employee of the obligation to be vaccinated. Now at first glance one may read this as employees must be vaccinated, and I don’t for one second doubt that this is what the ANC wants one to read, but it doesn’t say this; it says: notify the employee of his obligation to be vaccinated, not that he must be vaccinated.
So what is the employee’s legal obligation to be vaccinated? Well in terms of the Constitution, Section 12 (2) (b) as previously discussed, no one has any legal obligation to be vaccinated, and if there was such a legal obligation then paragraph 12 (1) (a) above would read as follows:
(a) notify the employee identified in terms of section 6 (1) (a) that he must be vaccinated;
In the interests of completeness section 6 (1) (a) reads: “The risk assessment and plan referred to in section 5 (1) (b) must include…” and then a list of requirements.
At the risk of being pedantic, Section 12 (2) (b) of the Constitution under the heading Freedom and Security of the Person says: “Everyone has the right to bodily and psychological integrity, which includes the right: (b) to security in and control over their body; and…… “
This means that everyone has the constitutional right to decline the jab, and this amended legislation referred to as the Thulas Nxesi Covid Code, changes nothing when it comes to forced vaccination. No one can be forced to take the jab and no employer may discriminate against any employee who declines the jab.
The ANC Communist Party, aided and abetted be the larger opposition parties have gone to extraordinary lengths to have employers illegally force vaccinate their employees when they know that this is illegal. The legislation keeps the ANC Communist Party’s nose squeaky clean though and they will say, and quite correctly that the government never forced vaccination.
However, if the ANC Communist Party really served the people as they are constitutionally required to do, they would never have introduced this unnecessary legislation.
The bottom line is this; the Thulas Nxesi Covid Code is a nothing burger. Fear not, Section 12 (2) (b) of the Constitution cannot be penetrated.
Taking the vaccine goes against my religion & I trust in God to punish the wrong doers for inforcing this fake vaccine which has been proven to not work. Please explain to me why I should take the vaccine when I don't even take medication, because I don't even get sick & if & when I do have a mild flu which is maybe once a year, I heal myself with my own home remedies. I haven't been to a doctors in years because I take my health seriously & I am 58 years old. I am a smoker so yes I will cough but that doesn't mean I'm sick with covid. Who gives you the right to dictate to me that I should comply or that I should take a vaccine I don't need. This goes against everything I believe in & my constitutional rights as a free citizen of this country.