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27 November 2021

The Council of the University of the Free State (UFS) carefully considered and approved a vaccination policy for the institution during its meeting on 26 November 2021. 

The aim of the COVID-19 Regulations and Required Vaccination Policy is to regulate access of staff, ad hoc contract workers, and students to all the university’s premises. The policy will be implemented as from 14 February 2022.

“The policy implies that the university does not force anyone to be vaccinated, but the institution has the right to require vaccination if you want to access the institution’s premises in order to protect our staff and students,” said Prof Francis Petersen, UFS Rector and Vice-Chancellor.    

Fiduciary duty to ensure safe and caring environment

“The UFS is a residential university that requires face-to-face engagement by both staff and students, and operational requirements entail that our staff, ad hoc contract workers, and students are regularly exposed to large groups on the three campuses. We have a fiduciary duty to ensure a safe and caring environment and to meet the health and safety obligations on the campuses,” said Prof Petersen. 

Since March 2020 and within the national lockdown levels, the institution has followed a predominantly online emergency-remote learning-and-teaching programme with a minimalistic approach to the return of staff and students to campus. Where possible and within the national lockdown levels, staff members have been working from home, except essential service employees and academic staff that were required to support students studying on campus in carefully managed face-to-face classes/interactions.  

“The viability of consistent remote working and study conditions is not in line with the culture and strategy of the UFS. Although a blended learning approach is supported, sole online learning will be detrimental to the quality of our graduates and the experience that the institution should offer to its students as a residential university,” said Prof Petersen.

Encouraging university community to vaccinate

The institution is greatly concerned about the number of staff, students, and ad hoc contract workers who have tested positive for COVID-19 since the commencement of the national lockdown. The pandemic has resulted in numerous individuals being placed in quarantine, testing positive or being incapacitated due to COVID-19 complications and deaths. “We believe that the policy will be a contributing factor in encouraging the entire university community to make the responsible decision to vaccinate,” said Prof Petersen.

Although the policy does not force anyone to vaccinate, it is aimed at restricting campus access to vaccinated persons, while at the same time considering applications for exemption based on medical and religious grounds, natural immunity objections, other legally acceptable exemptions, or those participating in clinical trials approved by the South African Health Products Regulatory Authority (SAHPRA). Employee and Student Vaccination Exemption Committees will evaluate applications for exemption. These committees will operate independently, and will include medical, religious, legal and psychology experts.

Vaccinated persons will be required to upload their vaccination certificates on an electronic platform to obtain access to campus. Staff, ad hoc contract workers, and students who are not vaccinated, who do not have an approved exemption or deferral, and who do not have a SARS COVID-19 PCR negative result that is not older than a week, will not be allowed access to the campuses or facilities. Only vaccinated students will be allowed to access on-campus accommodation. 

Students who are not vaccinated by 14 February 2022, will not be prevented from registering for the academic year, but can only access the campus if vaccinated or granted an exemption. 

Consultation process and thorough risk assessment

“The development of the policy was consulted widely with relevant internal stakeholders, among others, the university’s Senate, supporting it with an overwhelming 84%. The university also followed due process by referring the proposed policy to all its governance structures for consultation – including obtaining opinions from reputable legal firms in the country,” said Prof Petersen. 

According to Prof Petersen, the UFS has conducted a thorough risk assessment of the implementation of the policy, and a contingency plan is in place that will be implemented in the absence of full implementation of the policy. “We will consider following a flexible approach if we initially find that the rate of vaccinations is low. We will work tirelessly with government to accelerate the rate of vaccinations with the ultimate goal to obtain a high enough level of vaccinations to limit the transmission of the COVID-19 virus and create a safe work and study environment for our staff and students,” he said. 

VIEW the Roads to Return to Campus 2022 Infographic here



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Lacea Loader (Director: Communication and Marketing)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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