Thursday 08 October

PRESS CONFERENCE AND FOUNDING AFFIDAVIT: NEW COURT CHALLENGE TO ONGOING HIV RELATED DISCRIMINATION IN THE SANDF, 9 JULY 2013

Following years of negotiations between the South African National Defence Force (SANDF) and the AIDS Law Project (ALP) regarding the SANDF’s old health classification policy that excluded people living with HIV from recruitment, external deployment and promotion in the military, in 2008 the North Gauteng High Court settled the matter. Pursuant to an out of court settlement between the two parties, the Court declared such policy as unconstitutional to the extent that it violated the rights of aspirant and serving members of the SANDF to equality and dignity, among other rights.

NEW JUDGEMENT AGAINST DEPARTMENT OF BASIC EDUCATION (DBE) SETS DEADLINE FOR DELIVERY OF TEXTBOOKS AND STRESSES NEED FOR OPENESS AND ACCOUNTABILITY

SECTION27 welcomes the judgment handed down by Judge Kollapen this morning in the matter of SECTION27 versus the Department of Basic Education (DBE). The judgment deals with a continued failure by the DBE and the Limpopo Department of Education to deliver textbooks across Limpopo and to put in place an effective catch-up plan. The fact is that the DBE has repeatedly said that textbooks have been delivered; yet in court they conceded that this was not true.

Eastern Cape High Court orders the appointment of teachers in the Eastern Cape

The judgment of the Eastern Cape High Court, handed down on 3rd August 2012, is a groundbreaking vindication of the state’s duties to ensure children have a basic education.
SECTION27 salutes the Centre for Child Law, a number of School Governing Bodies from schools in the Eastern Cape and their legal team, the Legal Resources Centre (LRC), for this important victory for the rights of learners to learn and teachers to teach.

Judgment reaffirms rights of people with HIV to non-discrimination in employment

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.

Neo-natal circumcision not in conflict with Children’s Act of 2005

Much confusion has been generated recently regarding the legality of performing medical male circumcision on boys below the age of 16 in South Africa. This confusion seems to be based on a poor reading of the Children’s Act 38 of 2005. This confusion has caused some providers to be hesitant to perform circumcisions on infant boys, even where the parents have provided consent and slowed down the implementation of programmes ultimately aimed at preventing new HIV infections in the future.

WDA