Rhodes University has roped in internationally renowned clinical epidemiologist Prof Salim Abdool Karim to help defend its mandatory vaccination policy.
This comes in the wake of an application to the Makhanda high court by a group of individuals, including staff and two students, who are seeking an urgent interdict to prevent the institution from implementing its vaccine mandate.
Calling themselves Makhanda Against Mandates, the group has also launched a separate review application, asking the court to declare the policy unconstitutional and set it aside.
The hearing for the urgent interdict has been set down for March 1.
Abdool Karim, the former chair of the ministerial advisory committee on Covid-19, said in his “expert” affidavit that the allegations by Makhanda Against Mandates that the implementation of the vaccine mandate was based on “arbitrary grounds, yielded unreasonable results and was highly discriminatory” were “misconceived, unscientific and wrong”.
He said the virus can lead to severe disease and death, and the severity thereof, “including Omicron, should not be underplayed or overlooked”.
“Vaccines markedly reduce the risk of severe Covid-19 and death, and reduce the risk of transmitting infections to others.”
He said while it was correct that only allowing vaccinated individuals onto the campus will not guarantee a Covid-free environment, “this overlooks the vast and self-evident benefits associated with being vaccinated”.
“A vaccine mandate remains a highly effective tool in protecting the health and welfare of those who enter the campus, as well as protecting those members of the greater community with whom vaccinated staff and students may come into contact.”
A vaccine mandate remains a highly effective tool in protecting the health and welfare of those who enter the campus, as well as protecting those members of the greater community with whom vaccinated staff and students may come into contact.
— Prof Salim Abdool Karim
He said it therefore cannot be said that the university’s decision to implement a vaccine mandate is “arbitrary or nonsensical”.
“Vaccination significantly reduces the viral load in the throat and nose, which in turn impacts infectiousness.”
The first cases of the Omicron variant in SA (the start of the fourth wave) were among university students, said Abdool Karim, and “universities, as the vanguard in the academic endeavour, need to be permitted to continue with such endeavours. A vaccine mandate will make this eminently more achievable.”
He said that vaccinations work to curb the spread of the virus and a high vaccination rate “is crucial to enable the country to cope with the continued effects of the pandemic, which is not likely to disappear any time soon”.
“I note that the deponents to the affidavits on behalf of the applicant [Makhanda Against Mandates] are concerned with their constitutional rights, but say nothing of their responsibility to uphold the constitutional rights of others.”
Responding to Abdool Karim’s affidavit, chairperson of Makhanda Against Mandates Francis Williamson, a lecturer in philosophy who has been barred from campus for refusing to vaccinate, said he does not challenge the contents of the affidavit “as we are in no position to do so”.
He said there was no attempt by the university “to take into account the constitutional rights of its employees and students to their bodily integrity”.
“The respondent [Rhodes University] attempts to downplay its actions by stating that no staff are currently on unpaid leave.
“This is deliberate obfuscation and misleading because the respondent has forced those individuals to stay at home and to take annual vacation leave ‘whilst we commence an engagement process with you in respect of how you plan to fulfil your contractual obligations’.”
Arguing why the application for the urgent interdict should be dismissed, the university’s registrar, Adele Moodly, said by February 12 96.5% of staff members had provided evidence of vaccination.
“At this stage of student registrations 90% of incoming students have provided proof of vaccination.”
She said there were 45 registered postdoctoral fellows, 41 of whom had been vaccinated, while one had applied for an exemption.
“The applicants’ claim to constitutional rights on behalf of certain individuals cannot trump the individual rights of the vast number of the members of the Rhodes University community.”
She confirmed that no salary payments have been withheld from staff who have not been vaccinated.
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.
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.
Meanwhile, Wits University in Johannesburg confirmed that 28,449 verified vaccination certificates from 4,743 staff members and 23,707 students had been uploaded onto its system.
Wits spokesperson Shirona Patel said they had received 148 applications for exemptions.
Students at the University of Johannesburg (UJ) have to be fully vaccinated by March 31.
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