By Poloko Mokhele
The director general health services Dr, ‘Nyane Letsie has categorically denied that government has forced citizens to be vaccinated in order to get services, arguing that the proper reading of the public health regulations does not have any connotation of force to it.
This Dr Letsie said in her opposing affidavit in a case in which the Christian Advocates and Ambassadors Association of Lesotho, the Justice and Democratic Ambassadors Association, Sejela ‘Mekeleli, Koantlane Molefi and Teele Ntŝonyane are challenging mandatory Covid-19 vaccination.
The applicants want nullification of the implementation of Public Health (Covid-19) (Risk Determination and Mitigation Measures) (Amendment) Regulations 2021 which were published on December 31 last year, effectively enforcing binding vaccination.
The regulations, among others, state that “a person who … is identified under a category of persons who are required to be vaccinated …shall not engage in work, perform duties, provide or acquire services at any institution or place of work, study and business, unless the person has received at last one dose of approved Covid-19 vaccine; or has received or has evidence of a booking to receive a second dose of the approved Covid-19 vaccine within two months of the first dose.”
The Prime Minister Dr Moeketsi Majoro earlier this year said, among others, health services in Lesotho will only be offered to people who have vaccinated against Covid-19.
In a televised address on January 3, Majoro indicated that patients seeking services at health facilities will be required to produce a Covid-19 vaccination card
. “The government makes all regulations meant to curb the spread of Covid-19 with the advice from the Attorney General and if anyone feels aggrieved, they are free to seek redress from the courts of law,” Majoro said.
The respondents in the case are Majoro, the National Covid-19 Secretariat (NACOSEC), and minister of health Semano Sekatle, minister of public service Keketso Sello and Attorney General Rapelang Motsieloa.
In her court papers, Letsie said as per the public health (Covid-19) (Risk Determination and Mitigation Measures, Amendment No. 4) regulations, 2021) says there is no force and or mandatory vaccination.
“The interpretation of the public health regulations sub-regulation 24 and 25 does not carry any connotation of forces or duress as alleged by deponent herein.
“It is therefore imperative to aver at this stage that the proper reading and effect of sub- regulation 24 and 25 is to encourage persons to be vaccinated and provide proof of their vaccination status on request by a public or a law enforcement officer, and if they fail to comply with this sub-regulation such public health and law enforcement officer may direct the person to do such things as are reasonably necessary to comply with the sub-regulation,” she informs the court.
Dr, Letsie stated that Lesotho has the overriding obligation and or duty of ensuring the highest attainable standard of physical and mental health for its citizens by encouraging, in this particular instance, that its citizens are vaccinated to suppress the spread of Covid-19. In doing so, she adds no citizen is subjected to discrimination and degrading treatment as indicated by the applicants.
She further argued: “I must assert that we have come across people and or patients who are not vaccinated, and no one has ever inflicted assaults on them. Rather we act according to the regulations and take reasonably necessary steps to sensitive them about the importance of taking vaccinations as it is the best means to protect and prevent the spread of Covid-19. In fact, there is no element of force applied on them.”
Dr, Letsie said for time immemorial, vaccines such as smallpox vaccine have been injected upon Lesotho citizens to prevent the alarming rate of communicable diseases into Lesotho and her people. Thus, the government has in achieving its obligation of protecting its people imposed requirement for encouraging its citizens to vaccinate in order to prevent and or contain the spread of Covid-19.
Meanwhile, in their main heads of arguments the applicants have accused the minister of health of acting beyond his ministerial powers by announcing the regulations which introduced mandatory Covid-19 vaccinations and denying those who have not vaccinated services some services.
They contested that: “the genus of things intra vires the minister of health’s legitimate powers are listed in Section 18 of the Public Health Order. Forcing persons to take Covid-19 vaccines, and or punishing them by denying them services is beyond the powers of the minister.
“For it is common knowledge that both vaccinated and unvaccinated persons may equally communicate and contract Covid-19. Now, what is the legal excuse of discriminately denying the unvaccinated right of access of livelihood, shops and other places in violation of section 18 (7) of the Constitution?”
They said the public health regulations have an infinitum long effect and the state cannot be allowed to continuously violate fundamental rights under the cloak of Covid-19 state of emergency.
“The regulation is overbroad and calls for possibility of abuse on the part of the health officers and law enforcement by merely stating that they may do whatever is necessary, to assure that the unvaccinated get vaccinated despite one’s religious beliefs or health status. The evidence relating to the existence of Covid-19, the effectiveness of the vaccines, their contents and possible risks is admissible hearsay in Lesotho,” the applicants said.
The case is expected to proceed in the Constitutional Court on March 4 before Chief Jusice Sakoane Sakoane and Justices Tŝeliso Monaphathi and ‘Malebona Khabo.
