Two senior academics at Rhodes University in the Eastern Cape have been barred from teaching on campus because they refuse to be vaccinated.
And staff at Johannesburg’s Wits University and the University of Johannesburg (UJ) face being fired if they insist on remaining unvaccinated after their requests for exemptions were rejected.
With the new academic year starting and campuses filling up, tertiary institutions also have to deal with the issue of vaccinations.
While six of the 26 universities have announced hard measures, nine others confirmed they will not impose a mandatory vaccine policy, but will observe Covid-19 safety protocols. Eight universities did not respond to queries.
At the Sol Plaatje University in the Northern Cape unvaccinated students will be forced to study online.
Francis Williamson, a lecturer in philosophy, and Edward de la Rey, a lecturer in the information systems department, have not been able to enter the Rhodes University campus since January 4 after the implementation of the mandatory vaccination policy.
In a letter dated December 14 staff were informed they would be placed on unpaid leave from January 4 if they were unvaccinated and their applications for exemption rejected.
The document stated that “any staff member who comes onto campus who is not vaccinated and has not been given permission to be on campus ... could face disciplinary action”.
Williamson and De la Rey, and some students and parents, are now seeking an urgent interdict from the Makhanda high court to prevent the university from implementing its policy.
They have also launched a separate review application asking the court to declare the policy unconstitutional and set it aside.
The hearing has been set down for March 1.
According to an undertaking by both parties before Makhanda high court judge Selby Mbenenge, the university agreed not to stop payment of staff salaries before judgment on the matter is granted.
It was also agreed that if the court rules in favour of the academics, the cut-off date for the final registration of students will be extended by five days from the date of the court order.
I will not apply for an exemption because I will not kowtow to a draconian mandate.
— Francis Williamson, lecturer
Williamson said in court documents that “one of the most concerning consequences of the [mandatory] vaccine policy is the unfortunate discrimination against individuals who are perfectly healthy and if regularly tested are at no risk to the Rhodes university community”.
He told Sunday Times Daily the policy was “unjust, unprincipled, irrational and immoral”, adding: “I will not apply for an exemption because I will not kowtow to a draconian mandate.”
De la Rey said he refused to take the vaccine because he was healthy, not in the high-risk age category and had no comorbidities.
“Last year I taught the undergraduate class entirely remotely. They are using the course material I put together last year to teach students, but I’m not allowed to be there.”
Rhodes University spokesperson Veliswa Mhlope did not respond to specific questions on whether Williamson and De la Rey had been barred from campus, but in an earlier media response said the institution could not comment on mandatory vaccinations as the matter was sub judice.
The University of the Free State (UFS) also had to defend its stance in court. Since last week only vaccinated staff and students, or those who provide a negative PCR test or were approved for exemptions, can enter its premises.
The high court in Bloemfontein recently struck off the roll an application for an urgent interdict by an organisation known as Free State for Choice, which sought to prevent the university from implementing its mandatory vaccination policy.
Meanwhile, Wits University spokesperson Shirona Patel confirmed that about 100 unvaccinated students and 25 staff members had applied for “reasonable accommodation”, which was being processed. Wits students who lose this appeal will have to put their studies “in abeyance or de-register”.
According to a communication to Wits staff dated December 21, if their appeal for “reasonable accommodation” is denied, “you may choose to accept the decision and get vaccinated or resign”.
“More than two thirds of staff and students have been vaccinated with at least one shot. They have until March 1 to be vaccinated.”
She said all students living in hostels had to be vaccinated.
UJ spokesperson Herman Esterhuizen said students had to be fully vaccinated by March 31 and staff had to comply with the vaccination policy by March 15.
“Non-compliance by staff could lead to a termination of an employee’s contract, depending on the mitigating and aggravating circumstances.”
The University of Cape Town (UCT) and Stellenbosch University’s proposed mandatory vaccination policies have not yet been adopted, while the University of KwaZulu-Natal (UKZN) is still discussing this issue.
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