+ Good governance, Constitutionalism and the rule of law

Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2006

The ALP made a follow-up submission to the Portfolio Committee on Justice and Constitutional Development regarding the Criminal Law (Sexual Offences and Related Matters) Amendment Bill. The submission was made on 15 August 2006 based on a new draft version of the bill.

Correctional Services Amendment Bill, 2007

A week after Cabinet adopted the Operational Plan for Comprehensive HIV and AIDS Care, Management and Treatment for South Africa (“the Operational Plan”) in November 2003, MM – an inmate at Westville Correctional Centre and the seventh applicant in the case of EN v Government of Republic of South Africa (No 1) – was diagnosed withoesophageal candidiasis, an AIDS-defining illness.

Regulations Relating to the Obtainance of Information, 2007

The ALP welcomes the opportunity to make a submission on the Draft Regulations Relating to the Obtainance (sic) of information and Processes of Determination and Publication of Reference Lists (“draft regulations”).

The ALP accepts that there is a need to address inequity in access to private health care services as well as the need to contain and regulate costs in the private sector. For this reason regular and accurate information about health financing, service prices and business practice in the private sector is essential in determining both health policy as well as a fair and reasonable price for services and products. However, if the draft regulations are to give effect to the objective of obtaining such information then we believe that it should be significantly strengthened.

State institutions supporting constitutional democracy, 2007

As a section 21 not-for-profit company and a registered law clinic, the AIDS Law Project (ALP) seeks to develop, implement and use laws and policies to protect and advance the rights of people living with HIV/AIDS. In so doing, it aims to ensure arights-based response to the HIV/AIDS epidemic that it believes is best suited to reducing new HIV infections and minimising the negative social impact of AIDS. Part of the Centre for Applied Legal Studies at the University of the Witwatersrand, Johannesburg from 1993 until 2006, the ALP – as an independent organisation – is now formerly associated with the Wits School of Law.

Promotion of Equality and Prevention of Unfair Discrimination Act, 2006

The call for public submissions makes it plain that Parliament’s review of the Act will focus on the impact of the statute on women and persons with disabilities. Oursubmission deals squarely with two issues: the proposed express inclusion of HIV/AIDS status as a prohibited ground of unfair discrimination; and access to legal services necessary for the proper implementation of the Act.