ZCTU recently filed an urgent chamber application at the
High Court seeking an order stopping employers from forcing their unvaccinated
employees from reporting for duty until they got the COVID-19 jab.
The labour body cited Labour minister Paul Mavima,
Attorney-General (AG) Prince Machaya, Zimnat Insurance Company, Zimbabwe
National Road Administration, TelOne, Windmill, Seed Co Zimbabwe and Manicaland
State University as respondents.
Machaya, who responded on behalf of the Labour minister,
said there was a misjoinder of respondents.
“This is a clear case of misjoinder of the first and second
respondent. The functions of AG are outlined in section 114 of the Constitution
of Zimbabwe and the applicant has shown no reason why he has cited the AG in
the current proceedings. As the AG, I have no direct control over the
administration of the Labour Act and as such the application should be removed
from proceedings,” Machaya submitted.
Machaya also said the minister had no duty at law to advise
companies on how to conduct their business and to adhere to the provisions of
the Constitution and legislation relating to public health.
“This being a constitutional matter, applicants ought to
proceed against the alleged violators of the constitutionally enshrined rights.
There, thus, is no basis for citing the first and second respondents in these
proceedings. Applicant should be made to pay costs for unnecessarily dragging
the respondents to court.”
TelOne, through its head employee relations, Lindy Dziripi,
said the ZCTU application was not urgent.
In a related development, Parliament has rejected a
petition by Chiredzi-based human rights activist, Marko Shoko, challenging
mandatory vaccination. Clerk of Parliament Kennedy Chokuda confirmed yesterday
that they had rejected Shoko’s petition.
“We receive a lot of petitions everyday and forward them to
relevant committees. If they are rejected we notify the writer. In this case we
have already notified Marko Shoko about it,” he said.
However, Shoko denied ever receiving any communication from
Parliament. “I haven’t received such communication from Parliament. Even if the
petition is accepted, they don’t communicate. I usually read some of my
petitions in the Hansard,” Shoko said.
Shoko of Tshovani, Chiredzi, last month petitioned
Parliament arguing that forced vaccinations violated sections of the
Constitution.
He said depriving unvaccinated people certain services was
against the government’s stated position that COVID-19 vaccination was free and
voluntary.
This was after government announced that only vaccinated
workers will be allowed to board Public Service Commission buses. More and more
companies are also placing unvaccinated workers on forced leave.
Shoko argues that mandatory vaccination violated citizens’
right to privacy which includes the right not to have medical conditions
disclosed (section 57(e)), and not to be treated in an unfairly discriminatory
manner on such grounds as religious beliefs among others.
He further said section 35 of the Public Health Act
provided that no health service or treatment shall be provided to a person
without their informed consent, arguing that for the consent to be valid, it
must be voluntary and informed, and the person consenting must have the
capacity to make the decision.
According to Shoko, voluntary and informed consent or
refusal to consent to a particular health service or treatment must be
respected. Newsday
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