South African Military Taken to Court Over AIDS Policies

Today at a press conference in Johannesburg, the South African Security Forces Union (SASFU) said it is taking the country's armed forces to court over alleged discrimination against HIV-positive personnel. The South African National Defense Force (SANDF) has refused employment, promotion or foreign deployments for those living with HIV, the union representing soldiers maintains.

"They have got a policy of mandatory testing," said SASFU Deputy President Charles Jacobs. "Being HIV-negative is a prerequisite to gain employment in SANDF." After becoming employed, SANDF members must undergo mandatory annual HIV testing as part of a health assessment, as well as every time they apply for promotion or overseas deployment, he said.

South Africa is the only country in the world whose military institutes these "unconstitutional" policies, said Jacobs.

The AIDS Law Project is representing SASFU and three individuals in Pretoria High Court hearings scheduled for Thursday. ALP hopes to have the policies reviewed and set aside, said Nonkosi Khumalo, a researcher for the group.

According to Khumalo, SANDF has argued the army is too strenuous a place for people with HIV/AIDS. Defense Minister Mosiua Lekota is on record saying that HIV-positive people cannot be recruited because the military needs members who can "withstand difficult missions."

"The argument that you cannot employ someone with HIV has been a lame excuse used by employers for a very long time," Khumalo said.

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