Rebels will face music for refusing Covid-19 medical examination

Should the proposed draft regulations to be added to the National Health Act be passed, very few hiding places will remain for those who rebel against the government’s response to the Covid-19 pandemic.

The draft regulations are likely to be inserted into the National Health Act should there not be enough public opposition.

The regulations were presented on Thursday before parliament’s portfolio committee on health by a department of health delegation led by minister Joe Phaahla. In the presentation, the department revealed that once the proposed amendments are effected, anyone suspected to have been infected by Covid-19 may not refuse medical examination by a qualified health practitioner designated by the government.

Furthermore, should the government be of the view that the suspected Covid-19 carrier is deserving of isolation or quarantine, some measures of obtaining a court order to “force one’s arm” will be employed.

The director-general of the department will be the champion of approaching the courts to compel rebels. Those opposed to the move will be entitled to hire legal representatives to fight it out before a judge and state-sponsored legal assistance will be provided to those who cannot afford to hire their own lawyer.

“This regulation (15A) provides that a person who has been confirmed as a clinical or a laboratory confirmed case for a notifiable medical condition or is suspected of having contracted a notifiable medical condition or has been in contact with a person who is a carrier of a notifiable medical condition may not refuse medical examination, including, but not limited to, the taking of any bodily sample which may be authorised by any law; or to be admitted to a health establishment, quarantine or isolation site,” the department’s presentation revealed.

“If a person refuses to quarantine himself or herself, or travel to a site of isolation or quarantined facility as directed, a court order must be obtained to compel such a person to quarantine himself or herself, travel to such site of isolation, quarantine facility, or medical screening.

“A person who is a clinical or laboratory confirmed case, carrier or contact of a notifiable medical condition and who refuses — (a) to voluntarily consent to a medical examination by a qualified healthcare provider including the taking of any biological specimen; (b) to be admitted at a health establishment; or (c) mandatory prophylaxis, treatment, isolation or quarantine in order to prevent transmission, is entitled to legal representation.”

Be it one who has contracted Covid-19, is symptomatic or asymptomatic, the government can still subject them to self-isolation or quarantine.

Those who think cheating the system will be easy will be disappointed to learn there will be a big brother at the national health department in the form of a constantly updated database “of persons who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted a notifiable medical condition”.

While Phaahla justified the draft regulations, members of the committee criticised them and accused the government of being on a path towards tyranny.

“What is prompting the amendment is that since the outbreak of Covid-19 in March 2020, government has looked at ways in which it could provide guidance on public health measures in  terms of risk factors. On the basis of that, the government adopted the use of the Disaster Management Act. We looked at regulations from 2017 and used that as a base to see how we could manage the remaining threat of Covid-19,” said Phaahla.

He described the draft regulations — pertaining to notifiable diseases, environmental health, the handling of mortal remains and points of entry into the country — as representing the “bare minimum” to keep public health in check.

However, other parties, members of the public, and various health experts disagree.

DA MP Evelyn Wilson said the regulations are “against human rights” and also complained about the actual process of the Thursday meeting which saw the health minister himself giving the briefing. 

“It concerns me that perhaps this portfolio was sidestepped in this process and I say we are there to fulfil a role and have an oversight to hold the minister and the various departments to account. It is our mandate and we can’t be sidestepped,” she said. 

She said major problems with the downloadable vaccine certificates meant “there is no point in putting this in place if people can’t access the basic requirements like a certificate. It needs to be addressed urgently. All this comes to nought if people can’t access them in the first place.”

Naledi Chirwa of the EFF said the department always does a “shoddy job” of implementing regulations, and that clarity was needed on “other measures” regarding mandatory medical examinations. She wanted to know what the “other measures” are so that people know what to expect.

She also wanted to know how contact tracing would suddenly become possible when it had failed dismally during the pandemic and portrayed a “terrible job”.

According to NFP MP Ahmed Munzoor Shaik Emam, the draft regulations are “draconian” and the extension by a week for a comment is “not going to solve this”.

He asked: “If you can’t convince us, how would you convince people on the ground? Your department has not done a single thing on the ground to convince people whether masks are healthy or not. We cannot infringe on the rights of individuals.”

Alan Winde, premier of the Western Cape, said on Twitter the draft health regulations “do not adequately consider the reality that Covid-19 is transitioning into an epidemic phase. This brings into question the rationality of many of the proposed initiatives.”

Responding to the comments, criticisms and questions, the health minister said there could never be agreement on all but that on the issue of masks, for example, the World Health Organisation is “very firm” that they should be worn indoors, while indoor gatherings have scientifically been proven to be sites of high transmission.

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