Friday 19 July
  • 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…

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  • 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…

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  • Equal Education v Western Cape Education Department

    On 12 March 2010, the ALP assisted Equal Education in submitting a request to the Western Cape Education Department (WCED) under the Promotion of Access to Information Act. The request sought information on the literacy and numeracy pass rates and average test scores for grades 3 and 6 in the Western Cape.

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  • Central Methodist Church vs City of Johannesburg (Loitering Case)

    Documents related to the Central Methodist Church vs City of Johannesburg (Loitering Case)

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  • Naude v The member of the Executive Council, Department of Health, Mpumalanga

    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…

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  • South African Security Forces Union and Others v Surgeon General and Others

    On 15 and 16 May 2008, a ground breaking case on the constitutionality of HIV testing policies that are used to exclude ALL people with HIV from recruitment to, promotion or foreign deployment in the SA National Defence Force was heard in the Pretoria High Court. The court was asked to declare the blanket exclusion…

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  • NM, SM and LH v De Lille, Smith and New Africa Books

    On Wednesday, 4th April 2007 the Constitutional Court handed down judgment on the case of NM & Others v Charlene Smith, Patricia De Lille, and New Africa Books. The case concerned the publication of the applicants’ full names and HIV status in the biography of Patricia De Lille, authored by Charlene Smith and published by…

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  • EN and Others v Government of the Republic of South Africa and Others (Westville)

    Since October 2005 the TAC and the AIDS Law Project (ALP) have assisted HIV positive inmates at Westville Prison in acquiring ARVs that have routinely been refused to them by prison authorities. Situated in Kwazulu Natal, one of the provinces most severely affected by HIV/AIDS, Westville had steadfastly prevented TAC or other NGOs from conducting…

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  • Preventing mother-to-child HIV transmission in South Africa

    Background, strategies and outcomes of the treatment action campaign case against the Minister of Health (2004) 19(2) South African Journal of Human Rights 278 by Mark Heywood Preventing mother-to-child HIV transmission in South Africa Related posts: EN and Others v Government of the Republic of South Africa and Others (Westville) Continue Reading

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