Covid-19

Curro teacher loses court bid to block vaccination mandate

27 February 2022 - 00:00
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Curro’s chief legal adviser, Louis Booyse, said in papers the policy was “reasonable, justifiable and does not violate anybody’s rights”.
Curro’s chief legal adviser, Louis Booyse, said in papers the policy was “reasonable, justifiable and does not violate anybody’s rights”.
Image: 123RF / sergign

A teacher at Curro has lost her high court bid to stop the independent school network from implementing a mandatory Covid vaccination policy.

Kaylee Sage de Klerk, 26, a grade 1 teacher at Curro Academy Sandown in Cape Town, applied for an urgent interdict to bar the JSE-listed company from applying the policy, which took effect on December 13.

In the second part of her application she sought an order declaring the policy “invalid, unlawful and unconstitutional”.

But on Wednesday Western Cape High Court judge Chantel Fortuin struck De Klerk’s application for an urgent interdict from the roll and ordered her to pay the group’s legal costs, including the costs of two counsel.

Curro — the country’s largest private-education provider — employs about 6,580 teachers and other staff at 78 campuses and provides education to 67,000 pupils.

In her court documents, De Klerk said: “Due to the process that stipulates that application for exemption will be allowed only until January 31, harm to me is imminent since I can be required to vaccinate from February 2.”

Staff could request an exemption on the basis of medical, legal, religious or cultural grounds.

She contended that she had not been consulted on the implementation of the policy, adding: “My work as a grade 1 teacher is part of my identity… I have a right to make an autonomous decision to have a Covid-19 injection or not. It is an intensely significant aspect of my personal life.”

She described herself as healthy. “It has been my belief and opinion that my natural immune system would be sufficient to protect me against Covid-19.”  She said she had tested positive for the virus on December 24 but had only mild symptoms and just for one day.

But Curro’s chief legal adviser, Louis Booyse, said in papers the policy was “reasonable, justifiable and does not violate anybody’s rights”.

By July last year Curro schools had lost a number of staff members, parents of pupils and pupils through pandemic-related deaths and it received several requests from parents to consider implementing a mandatory vaccination programme. 

Booyse said some parents indicated they would remove their children if such a policy was not introduced.

He said Curro wrote to the management of each school on January 13 to say staff who did not comply with the policy should not be sent home. “Curro aims to consider all the exemption applications by no later than March 11.”

Booyse said in his affidavit it was clear that De Klerk feared “her job will be in jeopardy if she does not receive a vaccination. There is nothing in the papers that justifies such a fear."

Booyse said it was unacceptable that De Klerk waited until February 1, more than six weeks since she had received notice of the policy, to approach the court urgently for an interdict.

Curro spokesperson Mari Lategan welcomed the court ruling and said the company would continue to protect pupils, staff and parents. “If her exemption application is unsuccessful we will engage in a discussion with her. Each case will be dealt with on its own merits.”

Curro spokesperson Mari Lategan said 93% of staff were vaccinated and that 241 had applied for exemptions

Lategan said 93% of staff were vaccinated and that 241 had applied for exemptions.

Members of Curro's legal exemption panel include advocates Tembeka Ngcukaitobi SC, Matthew Chaskalson and Gilbert Marcus SC, while the medical exemption panel will include Dr Angelique Coetzee, the former chair of the South African Medical Association.

De Klerk’s attorney, André van Eeden, said his client was disappointed “since it means Curro is still proceeding to consider exemption applications under a policy that might be invalid, unlawful and unconstitutional”.

“When we receive the requested documents from Curro, we will proceed with part B of the [court] application.”

Lebogang Montjane, executive director of the Independent Schools Association of Southern Africa, which has 830 member schools, said he was not aware of any private school that was implementing the mandatory vaccination policy.


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