KINGSTOWN – The Eastern Caribbean Supreme Court of Appeal Wednesday ruled in favour of the St Vincent and the Grenadines government in the so-called Covid-19 “Vaccine Mandate” case.
The Court ruled that the Minister of Health did not need to consult the Chief Medical Officer (CMO) before ordering that public sector workers take a vaccine in 2021.
The St Vincent and the Grenadines Teachers’ Union (SGVTU), Public Service Union (PSU) and the Police Welfare Association (PWA) funded the lawsuit in which former public sector workers, Shanile Howe, Novita Roberts, Cavet Thomas, Alfonzo Lyttle, Brenton Smith, Sylvorne Oliver, Shefflorn Ballantyne, Travis Cumberbatch, and Rohan Giles are the complainants.
The Minister of Health and the Environment, Public Service Commission (PSC), Commissioner of Police, Attorney General, and Police Service Commission are the respondents.
In a March 13, 2023, ruling, then High Court judge, Justice Esco Henry, (who is now a Justice of Appeal) ruled against the government on all 11 grounds and held that the mandate breached natural justice, contravened the Constitution, was unlawful, procedurally improper, and void.
The government appealed the ruling, and the Court of Appeal heard the arguments on May 2, 2024, but reserved its judgment.
By a 2-1 majority, the Court of Appeal ruled that Justice Henry was wrong when she ruled that the Health Minister did not act on the advice of the CMO and overturned her ruling that the Ralph Gonsalves government’s vaccine mandate breached natural justice, contravened the Constitution, was unlawful, procedurally improper, and void.
Justices Eddy Ventose and Paul Webster allowed the appeal while Justice Gerhard Wallbank dissented, describing the government’s action as “draconian”.
Hundreds of public sector workers lost their jobs as a result of the mandate, which came into effect in November 2021. – CMC