Pro Choice group takes Sasol and service providers to court

Sasol is the largest of 10 companies to appear in the High Court in Middelburg on Tuesday, November 30, for pressurising their employees to take the Covid-19 vaccine.

The Pro Choice group are taking these companies to court.

Pro Choice is a group that stands for freedom of choice when it comes to vaccinations and other matters.

This group brought an urgent application to court to obtain an interim court order to interdict and restrain Sasol and the nine service providers from discriminating against unvaccinated, healthy workers and from requiring all their employees to provide proof of either a Covid-19 vaccination or a negative Covid-19 test result every seven days before entering Sasol’s sites.

The founder of this group, Ms Hannetjie Venter, said she is not fighting for her family only, but for everyone who is affected by this.

She approached an advocate, Mr Sabelo Sibanda, who has a special interest in criminal law and human rights-related work, as well as an activist, Ms Debbie Els, to help the group in this matter.

Mr Sibanda and Ms Els visited Secunda twice to address disgruntled employees who do not want to get the Covid-19 vaccinations and gave them advice on the way forward.

Another lawyer, Mr Cassius Loliwe is also working on the case and helping the group.

They also began building a case and Sasol was supposed to appear in court in September, but four days before they were supposed to appear in court, they sent a letter to the Pro Choice legal team stating that they have stopped with vaccination.

The Pro Choice group then withdrew the case as they then would not have had any legal grounds on which to stand.

However, according to Ms Venter, on the same day that Sasol was supposed to appear in court in September, the company sent out a letter to some employees, stating that they require all employees to be vaccinated by December 31 or employees would have to produce a negative Covid-19 test every seven days at their own cost.

“It is our human right to decide not to take the vaccination,” said Ms Venter.

“It is unconstitutional to require employees to get a vaccination or provide a negative test every seven days.

“The time is now to act against these things that a few people think is right.

“Act for your future and the future of those you love.”

The Pro Choice group then again prepared a case and will face Sasol and the nine service provider companies in court at the end of November.

When the Ridge Times reported on Sasol’s Covid-19 vaccination stance in August this year, Ms Matebello Motloung, senior specialist for Media Relations at Sasol, said Sasol supports the view that implementing mitigation measures, including vaccinations in times of pandemics, is primarily in the interest of public health and safety for the greater good of society.

She also said Sasol regards vaccination of the workforce involved in activities on site during the shutdown period as a necessary and effective measure to mitigate the increased workplace exposure to Covid-19 and the risk of its spreading.

“We do this while recognising that it remains an individual’s choice to be vaccinated, which choice is to be exercised with due consideration to individual rights and without any fear of discrimination or retaliation,” said Ms Motloung in August.

“This is underpinned by Sasol’s Human Rights Policy.

“It is for this reason that employees that will be taking part in activities on site during the shutdown period are expected to submit either proof of vaccination or a negative Covid-19 test (an antigen test will be accepted) result not older than seven days prior to beginning of the shutdown activities, and to be repeated during the shutdown period every seven days.

“This, in our view, is also in the interest of the health of the public, given the prevailing pandemic.

“Sasol is working with the national and provincial authorities on protocols for vaccination and other pandemic related response interventions.”

Sasol later decided to pay for the Covid-19 tests they required every seven days and they had testing stations on site to make it easier for employees to get tested.

Ms Venter said the group’s members are concerned about the compensation fund as the state refer people who have reactions after receiving the Covid-19 vaccine to the compensation fund.

“How far behind is the compensation fund with their work?” said Ms Venter.

“Does the community know what the requirements are for claiming from the compensation fund?

“The requirements are ridiculous, you have to proof that you did not have any blood clots before you were vaccinated, that you had no neurological conditions and that the company you work for who forced you to get vaccinated, has a company policy and risk assessment policy in place.

“In the end the fund will probably not compensate you.

“Where in our history, did an employer request certain medical things from an employee and then refuse to pay for it like Sasol is now refusing to pay for negative tests every seven days?

“Is that not intimidation?”

The Ridge Times asked Sasol’s communications department about this issue and spokesman, Ms Nomia Machebe, acknowledged receipt of the newspaper’s request for comment and said Sasol would respond as soon as possible.