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This is an archive of the Treatment Action Campaign's public documents from
December 1998 until October 2008. I created this website because the TAC's
website appears unmaintained and people were concerned that it
was becoming increasingly hard to find important documents.
The menu items have been slightly edited and a new stylesheet applied to the site. But none of the documents have been edited, not even for minor errors. The text appears on this site as obtained from the Internet Archive.
The period covered by the archive encompassed the campaign for HIV medicines, the civil disobedience campaigns, the Competition Commission complaints, the 2008 xenophobic violence and the PMTCT, Khayelitsha health workers and Matthias Rath court cases.
16 May, 2008 - 18:01 — moderator
Statement by the AIDS Law Project
The AIDS Law Project (ALP) is pleased to announce the successful conclusion of its litigation against the SANDF's policy of excluding HIV positive people from recruitment, external deployment and promotion. It is a vindication of the Constitution and should be seen as having significance not only for the military in South Africa, but internationally. The order means that:
The ALP is deeply indebted to the following people who lent their assistance to this litigation: Dr Francois Venter, Prof Leslie London, Prof Trefor Jenkins, Johannes Greef, Richard Elliott, Prof Robert Schooley, Shuaib Manjra, Dr Brian Brink, A.K.M., William Kerfoot, and Philip Moshokoa. Special thanks go to our clients, the South African Security Forces Union (SASFU), Sipho Mthethwa, T.C.M. and Z.S.M. for their fortitude. We would like to thank Gilbert Marcus SC and Isabel Goodman for their expert legal counsel.
Today the Pretoria High Court ordered as follows:
2. That the consequences of the HIV testing policy as developed by the First Respondent and implemented by the Second Respondent, in terms of which no person who is HIV positive may be recruited, deployed externally or promoted within the South African National Defence Force, is hereby reviewed and set aside.
3. That the consequences of the HIV testing policy referred to in paragraph 2 is unconstitutional in that it unreasonably and unjustifiably infringes the rights of aspirant and current HIV positive SANDF members:
4. That the Respondents are directed to:
5. That the Respondents are directed to:
and that the Applicants are granted leave to apply to the Court on the same papers, supplemented as necessary, for such further relief flowing from the new policy as they may be advised to seek;
6. That the Respondents are directed to pay the Applicants' costs, including the costs of three counsel. It is recorded that Advocate Hassim is employed by the AIDS Law Project for purposes of the Taxing Master.