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 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.
On 21 October 2008 the Labour Court handed down the judgment in the case, Naude v The member of the Executive Council, Department of Health, Mpumalanga. The court found that Naude had been unfairly dismissed, awarded him R100 000 compensation, and costs in ALP’s favour.
This is a victory for all doctors who seek to practice their professional ethically, even where it may go against government policy.
In this case the AIDS denialism of the former Minister for Health, Manto Tshabalala-Msimang and the former MEC for Health in Mpumalanga, Sibongile Manana has once again been found to be unlawful and a violation of rights.