SECTION27 is a public interest law centre that seeks to influence, develop and use the law to protect, promote and advance human rights. Our name is drawn from the section in the South African Constitution which enshrines everyone's right to health care, food, water and social security.
SECTION27 welcomes the judgment handed down by Judge Bhoola today in the Labour Court in the case of Gary Shane Allpass v Mooikloof Estates (Pty) Ltd.
The case concerns the unfair dismissal in 2008 of a horse riding instructor on the grounds of his HIV status. The ruling follows the institution of legal proceedings on behalf of Mr Allpass by Webber Wentzel Attorneys, with the assistance of SECTION27. In her judgment, Judge Bhoola noted that “this court is indebted to the AIDS Law Project for its assistance.” SECTION27 incorporates the AIDS Law Project.
On Wednesday, 16 February 2011 at 10.00am Justice Bhoola will deliver judgment in the Mooikloof Estates matter at the Labour Court in Braamfontein.
The case was heard in the Labour Court in December 2010. It relates to the unfair dismissal of a horse-riding instructor and stable manager by Mooikloof Estates in Pretoria. Mr Allpass was dismissed immediately after his former employer discovered that he was HIV positive.
On December 2nd 2010 judge Urmila Bhoola of the Labour Court reserved judgment in the case of Gary Shane Allpass v Mooikloof Estates (Proprietary) Ltd. Amongst other things, the case concerns the alleged unfair dismissal of a horse riding instructor on the grounds of his HIV status.
The applicant, Mr Gary Allpass, is an award-winning horse rider and instructor who has been living with HIV since 1992. He was represented in court by Advocates Warren Banks and Adila Hassim, who were instructed by Webber Wentzel Attorneys. Hassim is the head of litigation and legal services at SECTION27.
A broad range of civil society organisations have called on the South African government to distance themselves from homophobic and unconstitutional comments made by Jerry Matjila, South Africa’s representative at the United Nations Human Rights Council in Geneva. Matjila said that to protect gay people, “demeans the legitimate plight of the victims of racism”.
Leading activist organisations have condemned the cruel sentence by a Malawian magistrate imposed on Steven Monjeza and Tiwonge Chimbalanga, two men (one of whom is transgender and identifies as a woman) because they held a public engangement. They have been sentenced to 14 years in hard labour.