CDEDI, journalist to tussle with AG in court over mandatory vaccination

Namiwa and Nyirenda

Center for Democracy and Economic Development Initiative (CDEDI ) and a journalist Mundango Nyirenda have applied for an injunction and judicial review against government's proposal to implement mandatory COVID-19 vaccination.

Judge Kennyata Nyirenda will hear the application on 3 January 2022 as Government's decision will be rolled out in the same month.

But Attorney General, Thabo Chakaka Nyirenda has faulted the injunction saying it is baseless.

Oscar Taulo lawyer representing CDEDI and the journalist said the two are also seeking an injunction restraining Parliament from sending away people and  journalists who are not vaccinated.

Taulo also said his clients are seeking the injunction to restrict institutions from stopping their employees from entering work places because they are not vaccinated.

But Nyirenda said CDEDI and the journalist have sued wrong parties.

He said his office and Parliament never made a decision for mandatory COVID-19 vaccination.

The AG also explained the Ministry of Health is an improper party to the case saying there is no decision to that effect.

Nyirenda added it not concrete as the decision has not yet been implemented.

He pointed out the law provides that one should not commence proceedings on future events.

The AG alluded to the fact that proceedings can only commence on things which have happened and have caused a injury, emphasising CDEDI and the journalist have not suffered any injury, yet.

Nyirenda also said there is nothing unconstitutional about vaccination saying the constitution only bars forced medical experiments or trial saying that vaccination is not a medical experiment or trial.

"There is evidence that the vaccinated stands a less chance of infecting others and getting infected. If one says that he or she has a right not to be forced to receive the vaccine- he or she has also a right not infect another person with a virus." 

On 16th December, push came to shove as Health Minister Khumbize Chiponda finally let the cat out of the bag disclosing that a mandatory vaccination drive will be implemented in January next year for certain categories including health workers and those in the public service.