FORCED COVID-19 VACCINATIONS…AR THREATEN TO APPROACH COURTS, OMBUDSMAN

By: Andrew Kathindi
The Affirmative Repositioning Movement (AR) has asked the minister of defence and veteran affairs, Frans Kapofi, to withdraw an order given by chief Air Marshall Martin Pinehas, directing mandatory COVID-19 vaccination for Namibia Defence Force (NDF) members.
The official order was given on 29 September 2021, according to section 81 of the defence act 2002.
According to the AR, the implementation of the order means that the individual members of the NDF are stripped of their respective control over their bodies.
The AR head of legal services, who penned the letter to the defence minister, Maitjituavi Kavetu, told The Villager that nearly 1,500 soldiers had approached the AR complaining about the mandatory vaccine directive.
“The soldiers were complaining that they are being forced to get the vaccination. They were informed that there would be dire consequences for them should they fail to comply with the direct order of the chief of defence.”
According to Kavetu, the soldiers were informed that failure to get the vaccine from the soldiers includes being arrested by the defence police and prosecution by the military court.
“There is still a high number of soldiers who have indicated that they are willing to join. They are just scared of victimization.”
“As a result, we seek an urgent undertaking that the order issued in terms of section 81 of the Defence Act shall urgently be withdrawn, alternatively changed to make vaccinations voluntary, failure which, we will be forced to approach the courts to set it aside in consultation with the office of the Ombudsman.”
According to Kavetu, the movement will approach the courts and the office of the Ombudsman if their request is not responded to by 29 October 2021.
Kavetu further stated that despite the order by CDF Pinehas being done according to the defence act, the Supreme Court could set it aside.
“Our further research informed us that, a matter of similar nature was recently adjudicated before the Supreme Court of Namibia during 2015 (ES v AC), whereby the person subjected to the forced medical procedure was accordingly vindicated by the court where it was held that ‘The corollary of patient autonomy is that a patient may refuse to undergo specific medical procedures, and that refusal must ordinarily be respected so long as the patient is an adult of sound mind and the patient understands the implications of the refusal’”
According to court documents, the case in question was between Mrs ES and her eldest brother MR AC, presided over by chief justice Peter Shivute and Acting Judge of Appeal, Kate O’Regan.
In the matter, Mrs ES sought relief to exercise her right to refuse treatment in the form of a blood transfusion. She believed in following a specific moral and religious code that includes a scriptural command to abstain from the ingestion of blood within the Jehovah’s Witness religion.
In light of this case, Kavetu stated, “We hold a strong conviction that the impugned section 81 of the Defence Act cannot survive the test of constitutionality upon a challenge brought before the court.”
Kapofi told The Villager at the moment of publication that he was not aware of the AR’s letter to him but stated, “if they think it is within their right to do so, let them proceed.”