After restricting access to government facilities to only those who are vaccinated, Health Minister Sylvia Masebo and the Attorney General have been sued in the Lusaka High Court by a Lusaka Lawyer who feels his rights have been infringed on by the said measure.
This comes after Masebo directed that it will be a requirement for all persons to provide evidence of vaccination before entry into government buildings.
Mr. Kelvin Zimba, a lawyer at Mosha and Company, wants the court to declare that the said pronouncements made by the Minister on November 28, this year is ultra vires Article 13,19,21 and 22 of the Constitution and therefore, void and of no effect.
In a petition filed in court, Mr Zimba seeks an order of certiorari that Masebo’s pronouncements be quashed for being unconstitutional.
He argued that the minister’s directives are likely to violate his rights guaranteed in Article 13 (1) of the Constitution in that he will be deprived of his personal liberty as he will not be free to access government buildings and report for work unless he gets vaccinated.
The Lawyer stated that as a legal practitioner, he is an officer of the court and court premises are government buildings, adding that his daily routine involves visiting government buildings such as police stations, Ministry of Lands, Patents and Companies Registration Agency (PACRA), Mines, among others but that he would not be able to do so unless he provides proof of vaccination against COVID-19.
Mr. Zimba stated that Masebo’s decree would hinder him in the enjoyment of his freedom of conscience, thought, and belief by putting him in a situation where he has to make painful and intensely burdensome choices of either being true to his conscience or risk forfeiting his practice of the law as he will not be allowed to enter government buildings without proof of vaccination.
He added that the directive will hinder him from moving freely within Zambia as he will be required to be vaccinated and provide proof.
Mr Zimba stated further that he and small fraction of society have been discriminated against by a decree that coerces them to take the COVID-19 vaccine in order to access government buildings where they work and make ends meet from.
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