Local authorities can impose a ruling requiring that only those who are fully vaccinated against Covid-19 can enter markets and grocery stores even though the National Security Council (NSC) has not enforced the guideline for the essential service.
NSC director Zamri Misman said premises owners such as local councils and shop operators had the right to come up with rules in the interest of infection control.
"Those with contraindications should bring along their letters, but it's up to the officers on duty to let them in or bar them. There are options in terms of grocery stores and online services that the unvaccinated can utilise," he told the New Straits Times.
He was commenting on the plight of those with severe contraindications who were increasingly finding themselves lumped together with anti-vaxxers in terms of restrictions imposed against the unvaccinated.
Zamri said he would raise the matter with the MySejahtera app developers to expedite the inclusion of a feature to indicate those who could not be vaccinated due to medical reasons.
One such person is Halimatul Saadiah Abd Hamid, who said she was temporarily barred from the SS15 market in Subang Jaya because she was not vaccinated.
The 37-year-old single mother made the mistake of leaving her certificate, which verified her contraindications to the vaccine, at home.
She said enforcement personnel told her that even with the letter, she would not be allowed inside as the standard operating procedures (SOP) stated that all patrons, traders and workers at the market had to be fully vaccinated.
"I was, however, allowed in after some time when one of them took pity on me, but he warned me that it was the last time that I would be allowed in without my jab."
Halimatul said she accepted the rule. However, she believed that there should be allowances made for those who were medically unfit to be vaccinated.
"We cannot be lumped together with anti-vaxxers."
The preschool teacher also said the government had yet to come up with the feature on MySejahtera where those who suffered from severe contraindications to the vaccine or its ingredients could register with.
She also said while Health Minister Khairy Jamaluddin did announce that feature on Sept 1, he did not say whether being marked as a person who could not be vaccinated on the application meant that the "silent minority" within the pool of the unvaccinated could bypass the restrictions imposed on dining in eateries and other facilities.
Halimatul said she had emailed to MySejahtera's helpdesk seeking an update on the feature, but had yet to get a reply.
Association of Private Hospitals Malaysia Datuk Dr Kuljit Singh, when contacted, said the app builders should install the feature soon.
He, however, said the doctor's letter, which certifies a person's contraindications, should preferably come from a doctor serving in the public service.
"This makes it extra verifiable and will be a shield against anti-vaxxers who try to take advantage of this group's plight," he said, adding that only those who were likely to encounter extreme contraindications upon vaccination such as death, physical or mental impairment should be allowed to bypass the vaccination.
Lawyer Mohamed Haniff Khatri Abdulla said supermarkets and restaurants had to engage the community and assess the number of these people in the area.
"Once they establish the number of patrons in the area who fall under this group, they can open supermarkets and grocery stores one hour earlier just for this group and others who are immunity wise susceptible such as the elderly, those with comorbidities and the immunocompromised.
"Restaurants should also install bigger tables and allow more room for diners in this category to come in, have a meal and stay for a reasonable duration.
"We need an entire overhaul of the pandemic management in Malaysia. Not all SOP need to be government-driven, some things can be initiated and carried out by business owners and the community."
Haniff said the government could tighten restrictions against the unvaccinated, going to the extent of disallowing them from public transport or grocery stores but the matter was unlikely to have much success in court as the judiciary would deem it as the prerogative of the elected branch of government.
