Just like in many parts of the world, the No Jab No Job or the mandatory vacinnation law has found opposition in Fiji. There are various reasons for this. This articles will not examine them.
We wrote about the law and explained how it works in our previous article. You can read about this on the link below. The No Jab No Job law (Health and Safety At Work (General Workplace Conditions) (Amendment) Regulations 2021 were first published on 8 July 2021.
Our office anticipated constitutional challenges to the law. A number of proceedings are afoot presently. Read more
An earlier article published also looked at the time allowed to bring constitutional challenges in Fiji. You can view the article using the link below.
The Constitution permits a constitutional challenge. The High Court (Consitutional Redress) Rules 2015 set the time limit. The rule says … in application under paragraph 1 must not be admitted or entertained after 60 days from the date when the matter at issue first arose unless a judge finds there are exceptional circumstances and that it is just to hear the application outside of that.
We applied the rules to the No Jab No Job or the mandatory vaccination law. The time for challenging the law expired on 7 September 2021. This means that beyond this date, no challenge will be accepted by the Court. There are provisions for extensions of time but these are rarely granted.
What becomes of the law will now depend on the cases filed by this date. We will consider publishing an article on the grounds of the challenge once more information becomes available. We may also look at the merits of the challenge, likely legal arguements and the chances of success.
Written by: Armish Pal