Mail & Guardian (Johannesburg) - June 23, 1995
Justin Pearce

The applicants -- who include both the Police and Prisons Civil Rights Union and the South African Police Union -- are to contest the case on the basis of the anti-discrimination provisions of the Constitution. Other applicants are the Aids Law Project of the University of the Witwatersrand, Lawyers for Human Rights, and the Black Lawyers' Association. Both the Minister of Safety and Security and the Commissioner of Safety and Security are named as respondents.

While SAPS policy on HIV has previously been vague, a proposed new regulation seeks to clarify the situation -- and does so by requiring that new recruits to the force have tested negative for HIV. This requirement is lumped together with a general requirement that a recruit "be free from any mental or physical defect, disease or infirmity which will probably interfere with the proper execution of his duties or necessitate retirement from the service before reaching a pensionable age".

The applicants argue that HIV infection itself does not prevent employees from carrying out normal duties. They also make the point that an uninfected recruit could well retire voluntarily before reaching pensionable age -- and argue that it is therefore discriminatory to assume that people with HIV are likely to retire sooner.

The applicants also present medical evidence to the effect that HIV cannot be transmitted in the course of normal police duties.

The documents filed in response by the SAPS contain all the force's policy directives on Aids and HIV since 1988. The first document -- a memorandum from the then Commissioner of Police RTJ van Vuuren to the then minister, Adriaan Vlok -- does not consider the possibility of police employees having HIV, but concerns itself with the problem of "Vigs-besmette terroriste (Aids-infected terrorists)" infiltrating South Africa.

At the bottom of the typed document is Vlok's handwritten comment: "Baie dankie -- dit is goed gedoen! Hoeveel van die terros wat ons tans aankeer het Vigs? (Thank you and well done! How many of the terros whom we are now apprehending have Aids?)"

A 1990 SAP document indicates that when a member of the force is found to have HIV, there should be enquiries into the kind of behaviour which caused the person to become infected. If there is reason to believe that the infected person has been guilty of "onsedelike gedrag (sexually immoral behaviour)" or drug abuse, a disciplinary enquiry may be initiated. If, however, the member of the force does not appear to have contracted the virus as a result of "wangedrag (misbehaviour)", a medical enquiry should determine whether the person is fit to remain in the force.

More recent SAPS documents state that discrimination against people with HIV is unacceptable. The applicants in the court case contend that the SAPS' policy of pre- employment testing runs contrary to this principle of

950623
MG950606

Always watch for outdated information. This article first appeared in 1995. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 1995. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .