No jab, no entry to court on cards – judge

GAUTENG Deputy Judge President Roland Sutherland has revealed that the judiciary is considering allowing only vaccinated people to have access to courts.

Judge Sutherland told his colleagues last week that Judge President Dunstan Mlambo will also set up pop-up vaccination sites in the province’s courts and has approached the Department of Health.

“The probability that a decision will be made that access to the courthouse is restricted to the vaccinated is strong,” Judge Sutherland said in a letter dated October 13.

The judge has also indicated that he will not allow anyone who is not vaccinated against Covid-19 to enter his chambers in the South Gauteng High Court in Johannesburg.

“I intend to put on the door to my chambers this sign, ‘If you are not fully vaccinated do not enter,’” he said.

According to Judge Sutherland, some of his colleagues have had Covid19, others have long Covid-19 complications and there are also those who are vulnerable to extraneous health issues.

“They need to be protected and all of us need to be confident that we are not exposed to an undisclosed risk,” he said.

Judge Sutherland added that the need to achieve herd immunity to inhibit the scope for the coronavirus to mutate freely was a project aimed at resisting a clear and present danger to everyone.

“Herd immunity is the portal through which our society shall need to pass if we are to claw back a normal life as social beings. In my view, judges as leaders and guardians of society ought to be seen to lead and to guard,” he explained.

Judge Sutherland said the government is still cagey about whether it has the appetite to make vaccines mandatory but sports organisations, some large employers and universities were adopting the no vaccination, no access policy.

He said as Deputy Judge President he had a responsibility to ensure the health and safety of the entire Bench and support staff.

The Public Servants Association (PSA) has warned against mandatory vaccination after its members working for the Department of Justice in Limpopo were forced to have the Covid-19 vaccine.

“While the PSA supports all measures to reduce or even eliminate the spread of the virus to ensure economic resuscitation and restoration of normality, it cannot happen at the expense of members,” the union complained.

It said the department was using shop stewards to collect information regarding the vaccination status of employees and that this was trampling on the rights of its members by demanding of them to divulge private and confidential information regarding their health issues.

“It must be noted that the department is yet to table a policy on compulsory vaccination and the PSA cannot allow the unilateral implementation of the decision that has an adverse effect on members without justifiable cause.

“The fact is that no individual can be forced to vaccinate against his/ her will and the stance of the department is of serious concern,” the union added.

The PSA was engaging with the department’s Limpopo regional office to stop what it described as an “illegal process” and advised its members to report any attempt to force them to vaccinate.