Tuesday 08 September

Section27

Working Group on Sexual Offences submission on Criminal Law Amendment Bill, 2005

Criminal Law (Sexual Offences and Related Matters) Amendment Bill

The National Working Group on the Sexual Offences Bill made a submission on 30 October 2005. This submission begins by explaining why violence against women is an obstacle to the socio-economic development of South Africa. It then provides statistics on the extent of the problem before setting out the policies and laws which have been developed to address violence against women, or gender-based violence.

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Revenue Laws Amendment Bill, 2005

The AIDS Law Project (“ALP”) welcomes the objectives underpinning Sections 27, 70 and 71 (“the Sections”) of the proposed Draft Revenue Laws Amendment Bill, 2005 (“the Bill”) to increase access to private health services. In this way, the Bill seeks to achieve its objective through the provision of tax subsidies for medical contributions and expenses to self employed and formally employed persons, including their dependants (beneficiaries). It also aims to remove the distinction between on site and off site medical services, an area of the proposals that we are particularly supportive of.

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Nursing Bill, 2005

The AIDS Law Project (“the ALP”) welcomes, in principle, the move by the Department of Health (“the DOH”) to repeal the Nursing Act 50 of 1978. The memorandum on the objects of the Nursing Bill (“the Bill”) states that its primary purpose is to “transform the Nursing Council so as to increase the protection of the interests of the public” as well as to increase the accountability of the Nursing Council (“the SANC”).

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Patents Amendment Bill, 2005

The AIDS Law Project (ALP) and the Treatment Action Campaign (TAC) welcome this opportunity to make written submissions on the Patents Amendment Bill [B 17 – 2005] (“the Bill”). As two organisations that have consistently advocated for the development of our patent system into one that considers South Africa’s competitive advantage and takes into account the specific needs of its people, we support what the Bill aims to achieve and, in general terms, how it goes about accomplishing its stated objective.

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Siyayinqoba Beat It! 2005 Episode 13 – HIV in the SANDF

Our constitution states that discrimination on the basis of one’s gender, sexual orientation and any unfair discrimination is not acceptable and yet by not employing people living with HIV or AIDS, the South African National Defence Force continues to discriminate against people living with HIV. The SANDF is exempt from key legislation which is the basis of South Africa’s non-discriminatory policy on HIV/AIDS. The support group debated and questioned why the law allows this kind of discrimination to continue in the South African Defence Force.

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Jali Commission enquiry into HIV/AIDS in prisons, 2004 (Supplementary Submission)

The ALP and Treatment Action Campaign made a submission to the Jali Commission in March 2004 entitled “HIV/AIDS in Prison: Treatment, Intervention, and Reform” [NOTE: LINK TO EARLIER SUBMISSION]. The submission dealt with the origins and causes of HIV infection in prisons, HIV prevalence in prisons, the HIV/AIDS policy of the Department of Correctional Services, including early release, and finally made recommendations, including several on the early release of prisoners with HIV/AIDS.

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Draft Regulations to the Medical Schemes Act, 2004

Section 27(2) of the Constitution imposes on the state a positive obligation to take reasonable measures to realise the right of access to health care services for all. By enacting the Medical Schemes Act, 131 of 1998 (the Act), government has created a powerful framework for the effective regulation of the private medical scheme industry.

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Jali Commission enquiry into HIV/AIDS in Prisons, 2004

In prison, HIV/AIDS exacerbates existing problems and also creates new ones, yet the potential for far-reaching positive impact remains. Prisons are an intervention opportunity to reach a segment of the population, which is most likely to need government services related to HIV/AIDS and is also least likely to receive them through any other channel. Most people who end up in prison come from marginalised communities with limited access to health, education, and/or other sources of social welfare. For many of these people, their interaction with the criminal justice system will be their most extensive exposure to public services of any kind. Without an appropriate response to HIV/AIDS in prisons, the potential consequences will be increasingly tragic for both prisoners and the communities they represent.

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WDA