Vaccine mandate case heads to Appeal Court

The “Vaccine Mandate” case which the government lost at the High Court will be heard by the Court of Appeal.

Acting Justice of Appeal Paul Webster, in a judgement dated April 18 ordered that the judgement and order of Justice Esco Henry, which was delivered on March 13, 2023, be stayed pending the hearing and determination of the appeal.

Justice Webster said the court was satisfied that the government’s appeal had a “reasonable” chance of success, and there was “convincing evidence” that if the court did not halt the execution of Justice Henry’s order while the appeal was being heard, the appeal would be pointless.

On March 13, 2023, Justice Henry had ruled that the rules introduced by the Government in 2021 which made it mandatory for some public servants to take a COVID-19 jab in order to keep their jobs, are “unlawful, unconstitutional, ultra vires, disproportionate and tainted by procedural impropriety”.

Justice Henry said as a result of her ruling, none of the claimants ceased to be entitled to hold the respective offices to which they were appointed, and they were also entitled to their full pay and all benefits due and payable to them, inclusive of accrued pension and gratuity benefits from the respective dates on which they were deemed to have resigned.

The defendants in the matter were the Minister of Health and the Environment, the Public Service Commission, the Commissioner of Police, the Attorney General and the Police Service Commission.

On March 17, the defendants applied for permission to appeal Justice Henry’s judgement and for a stay of execution of the judgement.

The application was considered on Tuesday, April 18 by Justice Webster.

He said in considering if to grant the appeal, “the court must consider all the circumstances of the case including the strength of the appeal, the balance of harm by the grant or refusal of a stay, and whether the appeal will be stifled or rendered nugatory unless a stay is granted.”

He said having read the affidavits from witnesses on both sides; the order in support of the Application; the notice of opposition to the Application; the order and judgement of Justice Henry; the applicants’ and respondents’ submissions and list of authorities, the court is satisfied that the applicants (the government) have reasonable prospects of success on appeal.

He therefore granted the appeal and stayed the execution of the order.