The World Health Organization has estimated that as at the 20 th June 2022, only 33.79% of the South African population has been fully vaccinated against the corona virus 1 . The low immunisation rate can be attributed to the concerns that many South Africans have expressed regarding the side effects and effectiveness of the vaccinations. As South Africans we enjoy the constitutional right to bodily integrity 2 which encompasses freedom of autonomy regarding our health and body.

A financially distressed company is placed under business rescue to facilitate the rehabilitation of the company. The temporary moratorium has been enacted by means of section 133(1) of the Companies Act which provides that “during business rescue proceedings, no legal proceeding, including enforcement action, against the company, or in relation to any property belonging to the company, or lawfully in its possession, may be commenced or proceeded with in any forum”.