Abstract

LOTTER, C. The Constitutional Case Against the Mandatory Vaccine Policy — An Interdisciplinary South African Perspective. PER [online]. 2024, vol.27, n.1, pp.1-38. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2024/v27i0a14109.

In this article, I rethink the perceived/received wisdom of the mandatory vaccine policy which has been punted so ardently, largely uncritically, in South Africa. I investigate whether this line of argument could be justified from a comparative South African constitutional perspective. It became evident in the early stages of my research that the legal perspective is too narrow and constricting to allow for a proper understanding of the puzzle. Following Friedman's suggestion of the schism between Western-based curative medicine and preventive strategies, I employ a critical public health theoretical framework complemented by insights from the social sciences. Given that the vaccine is a product of an outdated paradigm, South Africa's erroneous approach to the pandemic led to disastrous consequences and fared less favourably than the rest of Africa. It is concluded that a mandatory vaccine policy is both unconstitutional and unjustifiable, in the wider view.

Keywords : Mandatory vaccine policy; constitutionality; curative medicine; preventive strategies; critical public health; social sciences complementarity; erroneous approach; South Africa/Africa.

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