Returning Batswana anti vaxxers will not be punished for deciding not to vaccinate against Covid-19 – for now.
This follows a High Court interim order that froze government’s new Covid-19 prevention regulations which criminalised anti vaxxers.
Justice Maphakwane this week issued a temporary order returnable on the 28th February 2022 calling upon the State to show cause, if any, why the following orders cannot be granted; an order authorizing the Dingake’s entry into Botswana subject to the valid PCR test of a negative result and an order declaring that in terms of the Public Health [Prevention or Introduction of Spread of Covid 19] Order, 2022 published on the 11th February 2022 does not make vaccination against Covid-19 mandatory.
Recently the Botswana Government gazetted the revised Public Health Order (Prevention of Introduction or Spread of Covid-19) which states that citizens unwilling to be vaccinated for Covid-19 face a fine of P5 000, a year in prison, or both.
“A person who refuses to be subjected to the provisions of Section 80 (1) (c) and (d) of the Act commits an offense and is liable to a fine not exceeding P5 000 or to a term of imprisonment not exceeding one year, or to both,” reads the gazette. Sections (c) and (d) of the Act state that a person entering the country, “shall present proof that he or she is fully vaccinated.”
The interim order follows an application by Dikeledi Phoo Dingake, a citizen of Botswana who faced penalty when coming back to Botswana for not vaccinating against Covid-19.
Dingake who is an attorney by profession and a businesswoman states in her sown statement that upon her return from South Africa recently she was denied entry at the Botswana border on account of the Public Health (Prevention of Introduction on Spread of Covid-19) Order of 22 published on the 11 February 2022.
“My return from South Africa was on the 23” February 2022, having travelled to South Africa on the 21″ February 2022. As at the time I deposed to this affidavit, the PCR results of a negative Covid -19 test were still valid,” said Dingake. She said she presented herself to the Immigration Officers at the Tlokweng Boarder; she was referred to the Health Officers who demanded she must produce a Covid Vaccination Certificate.
“I have not vaccinated for Covid-19 and I am not obliged to, either for medical, health or any reasons, let alone by law. It is clear the officials and I differ on the appropriate interpretation of the said Order and it’s a matter my attorneys will deal with.
She added: “I was coming from South Africa with goods which are required in the nature of my work as a décor and events manager, for a wedding set up I am doing on the 24%, 25″ and 26″ February 2022 in Gaborone.”
She said the “matter concerns my liberty which is inherently urgent.” Dingake said she is Covid -19 negative as her results remain valid for the time being.
She said the denial of entry into Botswana when she had been contracted to do work for others and when she does not pose any immediate threat to anyone was objectionable and unjustified.
“I am currently placed under policy custody and escort. I verily state that the matter is sufficiently urgent and warrants to be treated as such and the prejudice. I am likely to suffer is immense. There are no sufficient available remedies to me,” she said.
Dingake said the set up for these events takes a considerable amount of time adding that she was approaching the Court ex parte(done with respect to or in the interests of one side only or of an interested outside party) because of the lateness of the launching of the application and service will not be possible…” She said she was prepared to have the matter returnable as soon as possible.
She is represented by attorney Martin Dingake.
