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Vaccine passports: Businesses well within their rights to kick you out
Businesses are leaning into the idea of requiring vaccine passports to block unvaccinated patrons, and experts say this is perfectly legal.
Picture: Michel Bega
The Covid-19 “anti-vaxxer” movement could be in for a tough time, as experts warn that businesses may be well within their rights, in an effort to save jobs and lives, to refuse entry to customers who haven’t taken the vaccine.
This follows government recently hinting at plans to introduce a vaccine passport which will allow only vaccinated people to enter certain establishments and access certain services.
Businesses and institutions are leaning into the idea of requiring vaccine passports to block patrons who haven’t taken the jab from entry, especially where the risk of infection is high. Concerns are also growing over vaccine hesitancy threatening to derail efforts to recover the economy and prevent more Covid-19 deaths.
Jab hesitancy is threatening jobs
According to the South African Tourism Council CEO, Tshifhiwa Tshivhengwa, South Africa’s economy cannot afford to wait for those hesitant or refusing to take the vaccine to change their minds, because lives and livelihoods are on the line.
Tshivhengwa says he is not against businesses being able to refuse entry to those not vaccinated against Covid-19, but stresses that it shouldn’t come to that because the appeal to the individual consciences to take the jab should be foremost in people’s mind at the moment.
“Let me put it this way – is there any other alternative out there for people to return back to some level of normal life being restored and for the economy to finally open up? Other than vaccination, I have seen no alternative that will end these restrictions,” he says.
If people are saying that they want things to go back to normal and they want jobs and the economy to recovery then we have no choice.
South African Tourism Council CEO Tshifhiwa Tshivhengwa
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Businesses such as restaurants are stuck at limited capacity for patrons because of the slow pace of the vaccine rollout, which has only seen around seven million people fully vaccinated so far.
Government and civil society alike have red-flagged the high occurrence of vaccine hesitancy as seen by low turnout at some vaccination sites.
Government can’t gate-keep but businesses can
Labour union Solidarity agrees that is the right of private business owners to differentiate between potential clientele. Should they wish to refuse customers who are not vaccinated then it is within their rights to do so, says Solidarity spokesperson Morné Malan.
“Of course, the same holds in the other direction. If a business, for instance, wished to only serve the unvaccinated then that would be within their rights as well. Private business owners should reserve the right to determine who they wish to allow on their premises, just as citizens reserve the right to determine who may enter their homes,” explains Malan.
Solidarity is neutral with regard to whether businesses should deny access to their services based on vaccination status, but vehemently opposes government doing so.
From a legal perspective, businesses need only to ensure that their right of admission does not infringe on the rights of others as stipulated in the Promotion of Equality and Prevention of Unfair Discrimination Act and that the discrimination is not unfair.
Still, such decisions should be made by the businesses and not be the product of coercion from the government. The above, however, does not hold for government. Unlike private businesses, government cannot discriminate regarding whom it wishes to serve. It must be the government for all South Africans. Therefore, government has absolutely no right to withhold public services from anybody based on vaccination status.
Morné Malan, spokesperson for Solidarity
Political parties playing their part in spreading vaccine awareness
Political parties are also doing their part, using their local government election campaigns to spread the message that people need to get vaccinated to make gatherings safe again.
Good party’s spokesperson Brett Heron stresses that little scientific evidence points to any real danger in taking currently available Covid-19 vaccines.
“It’s time to ditch the conspiracy theories.
“These vaccines have been tested and approved all over the world. As far as I am aware, there isn’t a health products authority anywhere in the world that has rejected the vaccine because they found it unsafe.
“I respect the right to refuse the vaccination but businesses, venues, airlines and countries equally have the right to restrict access or entry if you cannot show that you are vaccinated. Those who choose not to be vaccinated must also accept that there are places and workplaces where they will not be able to go to.”
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Dr Fareed Abdullah, director for Aids and TB research at the South African Medical Research Council (SAMRC), says he would not encourage turning away customers as a rule.
Convincing people who take the Covid-19 jab to do so is far more important at this stage than enforcing draconian “no entry” rules for unvaccinated workers and patrons at places of business. Businesses should also continue to encourage mask wearing, sanitising and social distancing.
“Customers on the other hand, might not want to patronize businesses in which the staff are refusing to be vaccinated,” he adds, relaying an anecdote in which he felt unsafe as a patron at a barbershop.
I went for a haircut on Sunday and the barber who is also the owner said he has decided not to vaccinate. He wore a mask but I had to remove mine during the snipping; so I felt exposed. I’ve decided that I will not go back there again. Even though I am vaccinated I would not like to be infected. I have worked in the Covid wards for the past 18 months at Steve Biko Hospital, and having taken every precaution at the hospital have never been infected. Last thing I would like now is to be infected in a barbershop!
Dr Fareed Abdullah, director for Aids and TB research at the South African Medical Research Council (SAMRC)
A hint of authoritarianism
Narnia Bohler-Muller, legal expert at the Human Sciences Research Council (HSRC), says while democratic countries such as South African may have legal trouble enforcing laws that leave people with no choice but to vaccinate, this has worked in more authoritarian states such as Vietnam.
It could, however, be seen as perfectly reasonable for some businesses to demand vaccine passports of people who enter their establishments. This is because businesses already have right of admission to decide whether or not someone enters their property, so long as this does not amount to unfair discrimination, such as in the case of race.
Businesses such as clubs, pubs, and restaurants may already be considering this option, given that they have been able to lay down rules such as dress codes and the like for entry. But she laments things should not have to go this far, and the education drive around vaccination needs to be intensified to deal with people who advocate against the use of Covid-19 vaccines.
“It’s a big problem because there are anti-vaxxers and there are people who are just hesitant to take the vaccine, and we need to shout the message for the people who are merely hesitant that vaccines are safe and its important that as many of us get vaccinated as possible.”
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