‘Complex’ case against children’s vaccination is put on hold

THE legal challenge by the ACDP and other concerned organisations to halt the roll-out of the Covid-19 vaccine to children between the ages of 12 and 17 could not go ahead as planned yesterday.

The urgent application before the Gauteng High Court, Pretoria, was postponed indefinitely by Judge Dawie Fourie.

Counsel for the applicants said because the matter was complex and arguments were expected to last several hours, it could not proceed before the ordinary urgent court.

They wrote a letter to the deputy judge president asking to be allocated a special and urgent date for the application to be heard. They have not yet received a court date.

Judge Fourie was also told that the SA Health Products Regulatory Authority (Sahpra), instrumental to this application, had not yet filed its opposing papers.

The ACDP and other organisations such as Free the Children – Save the Nation and the Covid Care Alliance will ask the court for an interim interdict against the roll-out, pending the outcome of an internal appeal before Sahpra to stop the programme.

The ACDP earlier sent correspondence to the Department of Health and Sahpra demanding the suspension of the roll-out of vaccinating the children aged 12 to 17.

The party complained that in effect, the decision of Sahpra, in which it granted authorisation for the use of the Pfizer vaccine for children aged 12 to 17, was contrary to the best interests of children.

The party claimed that children were being used as a shield to protect adult society when, in fact, the adult society should be protecting children.

Last month, Free the Children – Save the Nation lodged an appeal in terms of the Medicines and Related Substances Act against the decision of Sahpra to authorise the use of the Pfizer vaccine for children.

In spite of the looming appeal, the department went ahead with the roll-out of a comprehensive and fasttracked plan to vaccinate the children.

As the ACDP has received no response to halt the roll-out, it will now ask for an interim interdict to prevent the department and health practitioners from administering Covid-19 vaccinations to children pending the finalisation of the appeal.

“Until the appeal against Sahpra’s decision to roll out the vaccine, which will focus on the medical evidence as to the relative benefits and risks of vaccination, has been completed and can prove otherwise, children have to be protected according to their constitutional and human rights,” the ACDP said.

The vaccination roll-out for children aged between 12 and 17 started on October 20, and they are given a single dose of the Pfizer vaccine.