South Africa: Military Still "Not Keen" on Employing HIV-Positive People

Despite a recent Pretoria High Court ruling that the South African National Defense Force (SANDF) had to consider HIV-positive soldiers for promotion, one plaintiff says he continues to be overlooked.

Sipho Mthethwa was among three plaintiffs to take SANDF to court in May, arguing that its HIV/AIDS policy discriminated against soldiers seeking promotion, training and external deployment. Such deployments are prized, allowing soldiers to earn more than their typical salaries. In its ruling, the court required SANDF to redraft its HIV/AIDS policy by November and to consider Mthethwa for deployment.

"It is frustrating because the court order said that I must be considered for deployment immediately," Mthethwa said.

An SANDF spokesperson said that HIV/AIDS is not the only health condition that can disqualify a solider from serving abroad. "When you go through the comprehensive health assessment, you must be 100 percent," said Sam Mkhwanazi.

Mthethwa said he has been assessed, and "the only thing wrong with me was that I'm HIV-positive."

The AIDS Law Project, which represented the plaintiffs in court, is threatening to sue SANDF unless Mthethwa is given equitable consideration. "Failure to do so would again result in court action," said Mark Heywood, the project's executive director.

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