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The publication of the revised Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces on 11 June 2021, does not mean that employers are now entitled by law to subject employees and independent contractors to mandatory vaccinations.
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The principle that individual rights are outweighed in certain circumstances is well established in our law, as indicated by a number of judgments which confirm that an individual’s right to refuse being vaccinated in terms of section 12(2)(b) of the Constitution is not cast in stone.