Admission of Learners to Public Schools: Proof of Immunisation

Input on Section 14 of the Draft Regulations on the Admission of Learners to Public Schools: Proof of Immunisation.

The B2B-2022, B2D-2022 and B2D-2022 versions of the BELA Bill, and the final BELA Act does not place a legal requirement on parents to provide schools with proof of immunisation. This prerequisite has ,historically, formed part of schools' policies (linked to the enrollment process). Let that continue to be the case!

On 28 June 2022, during a NA meeting, MP Marie Sukers stated that individuals were under the impression that the BELA Bill would give way to mandatory vaccinations. She requested that, if this was not the case, the DBE should make that clear. (Three years later, Section 14 of the Draft Regulations is doing the opposite of what our democratically elected representative requested.)

Note: Childhood vaccines are not compulsory in South Africa. This may be linked to the fact that South Africa doesn't have a Vaccine Injury Compensation Act in place (like the USA). A government that is unable to shield pharmaceutical companies from incurring financial losses due to lawsuits, is less likely to make medical treatments (where risks are involved) compulsory. Government did, however, have a VICA equivalent in place for COVID-19 vaccinations. The _COVID-19 No Fault Compensation Scheme_ enabled government to make certain vaccines mandatory, and therefore many 12 year olds (empowered by Section 129 of the Children's Act 38 of 2005) gave consent to receiving these shots while these were still in trial phase.

Chapter 2.12(2) of our Constitution states: Everyone has the right to bodily and psychological integrity, which includes the right—

(b) to security in and control over their body; and

(c) not to be subjected to medical or scientific experiments without their informed consent.

Our 12 year olds have been given the right (by law) to make potentially life altering medical decisions. Parents' informed consent is not required, only the child's. What is being proposed by these Regulations may further infringe on parents' ability to act on behalf of and in the best interests of their children.

_Section 14(2) of the Draft Regulations state: A parent of a learner may apply in writing to the HOD for exemption of that learner from being immunised: Provided that diagnoses of a learner is supported by motivation from a healthcare practitioner registered with the Health Professions Council of South Africa who is suitably qualified to determine that the learner should be exempted. (3) The motivation referred to in subregulation (2) must clearly state the medical diagnosis, risks, and reasons why the learner should not receive immunisation and if necessary, the HOD may request further medical assessments before deciding._

Suggestion: Remove Section 14 from the Regulations completely. The BELA Act has not given the DBE the mandate to create regulations on vaccinations, and it has not given the HOD the authority to give or withhold exemption from being immunised, or to request that a learner undergo, possibly invasive, medical assessments before a decision can be made on his or her part.