By Poloko Mokhele
The minister of health, Semano Sekatle has been accused of acting beyond his ministerial powers by announcing the regulations which introduced mandatory Covid-19 vaccinations and denying those who have not vaccinated health services.
This the Christian Advocates and Ambassadors Association of Lesotho, the Justice and Democratic Ambassadors Association, Sejela ‘Mekeleli, Koantlane Molefi and Teele Ntŝonyane mentioned this in their main heads of arguments in a case in which they are challenging mandatory Covid-19 vaccination.
The applicants want nullification of the implementation of Public Health (Covid-19) (Risk Determination and Mitigation Measures) (Amendment) Regulations 2021 which were published on December, 31, 2021 effectively enforcing binding vaccination.
The respondents in the case are Prime Minister Moeketsi Majoro, the National Covid-19 Secretariat (NACOSEC), and minister of health and the minister of public service Keketso Sello.
The applicants argue that: “the genus of things intra vires the minister’s legitimate powers are listed in section 18 of the public health order. Forcing persons to take Covid-19 vaccines, and or punishing them by denying them services is beyond the powers of the minister.
“For it is common knowledge that both vaccinated and unvaccinated persons may equally communicate and contract Covid-19. Now what is the legal excuse of discriminately denying the unvaccinated right of access to livelihood, shops and other places in violation of section 18 (7) of the constitution?”
They further stated that the public health regulations have an infinitum long term effect and the state cannot be allowed to continuously violate fundamental rights under the cloak of Covid-19 state emergency.
The case is expected to proceed in the Constitutional Court on March 4 before Chief Justice Sakoane Sakoane and Justices Tŝeliso Monaphathi and ‘Malebona Khabo.
