Motswana sues gov’t over vaccine entry
Goitsemodimo Kaelo | Monday February 28, 2022 06:00
Government recently introduced a new travel regulation that required all people aged over 12-years-old to provide proof of full vaccination when they arrive in the country from February 14 onwards.
According to the revised Public Health Order issued on February 11, proof of a negative PCR test taken 72 hours before arrival at the border will no longer be a requirement for fully vaccinated arrivals into the country.
The order reads: "A person who enters into Botswana shall (a) present proof that he or she is fully vaccinated: Provided that where such proof is not presented, the person shall — (i) present a negative COVID-19 PCR test result, or any other test result as the Director may determine, not older than 72 hours from the time of testing, at the port of entry, and (ii) be vaccinated at the port of entry; or
(b) at their own cost, where he or she is unable to present a negative COVID-19 PCR test result under paragraph (a) (i) — (i) be required to undertake immediate COVID-19 PCR testing, and (ii) isolate within the district of port of entry where the test result in subparagraph (i) is positive.
On Thursday, Dikeledi Phoo Dingake obtained an interim order authorising her entry into the country subject to the valid PCR test of a negative result.
Lobatse High Court Justice Ookeditse Maphakwane made the ruling in favour of Dingake, who had approached court urgently after she was denied entry at the border for failure to produce vaccination proof or show intent to vaccinate at the border. In her papers, Dingake had cited the Attorney General, Minister of Health and Wellness, Director of Public Health Services and Director of Immigration as the respondents.
The court also issued an order declaring that the Public Health order issued on February 11 does not make vaccination against COVID-19 mandatory.
Moreover, it restrained the respondents or anyone acting or purporting to act through them from interfering with the applicant’s entry into Botswana. The rule nisi order returnable on February 28, also calls upon the State to show course, if any, why this orders cannot be granted.