The move towards mandatory vaccination has already made strides in the private sector and the MTN Group is giving its workforce less than a month to secure their employment with a jab.
MTN mandatory vaccination policy: Here’s what we know
In a statement, MTN Group president Ralph Mupita warned that its workforce, which is estimated at 19 295 across 21 countries according to a 2020 year-end financial report, have two choices: either take the COVID-19 vaccine or forfeit your job to the benefit of vaxxed jobseekers who want to work in a safe environment.
“The science is clear. Vaccination against Covid-19 reduces rates of serious infections, hospitalisation, and death. As an employer, we have a responsibility to ensure that our workplaces are guided by the highest standards of health and safety, and that has informed our decision to make COVID-19 vaccination mandatory for our staff,” Mupita said.
The new policy will go into effect from January 2022 and while this is mandatory, there are circumstances that may allow workers an exemption. The process, according to Mupita, involves applying to be exempt from the mandatory vaccination policy. However, clearly defined reasons must be substantiated by irrefutable proof, like a medical report.
“For those staff who are not exempt from vaccinations either through risk assessment or agreed exclusions but still refuse vaccination, MTN will not be obliged to continue the employment contract,” the Group president warned.
Is it legal to fire unvaccinated workers in South Africa?
MTN Group made it clear that the introduction of mandatory vaccination was a measure to promote a safe work environment. However, the practice, from what we understand, has not yet been implemented into law.
In response to the rapid spread of the Omicron variant, President Cyril Ramaphosa, in his last family meeting, revealed that South Africa could no longer lag behind in the global effort to vaccinate the population.
To this end, a decision was taken to introduce mandatory vaccination but, at the time of his address, the policy was still being considered by a task team whose mandate was to gather information on the implementation of mandatory vaccinations in specific industries and locations.
“We have therefore been undertaking engagements with social partners and other stakeholders on introducing measures that make vaccination a condition for access to workplaces, public events, public transport and public establishments,” he said.
MTN is not the first corporation to introduce this controversial policy. The universities of Cape Town and Rhodes, as well as insurance giant Discovery, have implemented variants of the policy.
As these developments continue to occur in the private sector, which is pacing ahead of lawmakers and the government, legal experts worry that this may result in a constitutional crisis, particularly in instances where, much like with Discovery, unvaccinated workers are not allowed entry into offices.
Speaking with BusinessTech, law firm Webber Wentzel said:
“The above position may become clearer if vaccination becomes mandatory in the future, or if the government adopts an approach of specifically mandating that entrance to public places can be restricted to vaccinated persons, in relation to public policy considerations.
“Given that this issue has not yet come before our courts, it should be noted that such a measure is not without risk of constitutional scrutiny and/or unfair discrimination claims.”
