President Cyril Ramaphosa said the Covid-19 Vaccine Injury No-fault Compensation Scheme will outlive the national state of disaster. (Sharon Seretlo/Gallo Images via Getty Images)
Of the more than 32 million South Africans who have been vaccinated, only 5 566 complaints related to vaccine side effects have been lodged.
But none have yet been paid out from the Covid-19 Vaccine Injury No-fault Compensation Scheme because “no direct link has been found between the vaccine and the injuries suffered by anyone”, said South African Health Products Regulatory Authority’s (SAHPRA’s) spokesperson, Yuveng Gounden.
The scheme was announced in 2021 by the minister of cooperative governance, Nkosazana Dlamini Zuma and offers financial reparations to people who have suffered damage, loss or injuries as a result of the Covid-19 vaccine.
Of the 5 566 claims, the SAHPRA said that 194 deaths occured post vaccination and of that number 139 have been deemed coincidental, 33 are yet to be investigated and the remaining cases are either Covid-19 related, unclassified because they lack sufficient information or were as a result of re-infection after vaccination.
The department of health department’s spokesperson, Foster Mohale, said this week that R250-million of taxpayers’ money had been allocated to the scheme.
This week, President Cyril Ramaphosa announced the end of the national state of disaster, which meant some regulations would be scrapped in the next 30 days, adding that several “post disaster recovery and rehabilitation” measures will continue and the scheme is one of them.
“There is one last measure that will outlive the national state of disaster. This is the Covid-19 Vaccine Injury No-Fault Compensation Scheme. This scheme was brought into force in April last year to provide quick and easy access to compensation to any person who suffers a serious injury because of receiving a Covid-19 vaccine. The scheme will only be terminated once it has achieved its purpose,” he said.
According to government regulations gazetted on Thursday 31 March 2022, the scheme, administered by the department of health through the National Immunisation Safety Expert Committee, would accept claims that meet the eligibility standards set out by Health Minister Joseph Phaahla in consultation with Finance Minister Enoch Godongwana in March 2022.
These standards state that any person who has suffered a serious Covid-19 injury or a dependent of a deceased person whose death was caused by the vaccine is eligible to seek compensation.
The vaccination must have been administered in a registred vaccine site and the vaccine needs to meet the requirements of the South African Health Products Regulatory Authority (SAHPRA) for a claim to be considered. Additionally, the injury must be considered severe and a claimant needs to prove that there was severe damage, loss or injury.
Claims that result in death or are life threatening, require prolonged admission to hospital, had led to disability or cause a birth defect are considered severe.
To receive a payout a claimant must lodge a claim either through the MedSafety app, by visiting a health facility and filing out a paper form or by contacting the Covid-19 hotline on 0800 029 999. This is then classified as a lodged claim and once investigated a report is issued.
An appeal committee needed to be established for claimants to report any issues they may have with the investigation process and outcome, according to a directive issued by Phaahla in March. Each province has a representative who is responsible for investigating each adverse effect claim and can be found on the National Institute for Communicable Diseases website.
According to Bhekisisa, the scheme was necessary because “the vaccine manufacturers required the government to exempt them at least partly from liability and potential lawsuits”. The scheme was also intended to be a simpler and quicker way to get compensation without going through the court system.