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AIDS group to challenge army on HIV testing policies
Mail & Guardian Online
2007-05-18

The South African National Defence Force (SANDF) is to be challenged in the Pretoria High Court on whether its HIV-testing policies are constitutional, the AIDS Law Project (ALP) said on Monday.

The ALP, acting for the South African Security Forces Union (Sasfu), has filed court papers.

A joint press conference hosted by the ALP, Sasfu and the Congress of South African Trade Unions heard that the Department of Defence had given mixed messages about testing and HIV, fuelling a 13-year struggle between it and AIDS organisations.

They will challenge the SANDF on its stand that people living with HIV are medically unsuitable and unable to withstand stress, and adverse physical and weather conditions, read a joint statement.

"To the contrary, the evidence shows that HIV-positive people, who are asymptomatic, are able to undertake difficult physical activity with no adverse effects on their health -- in fact, regular exercise is beneficial to their health," read the statement.

They cited the example of Evelina Tshabalala, who ran the Comrades Marathon in 2005 and last year and this year scaled Mount Aconcogua in the Andes.

"The preparation involved in training and running the Comrades Marathon is clearly far more stressful than the exercise regime imposed by the SANDF."

They are further challenging the SANDF's justification that its approach to HIV members was to comply with United Nations regulations regarding peacekeepers.

Themba Hlatshwayo, Sasfu deputy general secretary, told of discrimination around the armed forces' approach to HIV.

Affidavits of soldiers' experiences of discrimination would be filed before the court, said ALP researcher Nonkosi Khumalo.

One was the case of a trainer who prepared soldiers for deployment but was not allowed to go on foreign missions because he was HIV positive.

Another was a human resources clerk, denied promotion and also the opportunity to go on foreign missions, which was a source of better income.

A third told the story of a pilot in the Air Force, where policies were more progressive due to the influence of the Civil Aviation Authorities, but were not reflected on the ground.

Hlatshwayo said the "discriminatory" nature of the SANDF's approach to HIV permeated into communities.

"If people are seen not to be promoted, or deployed, communities ask questions ... It is developing kids that are resentful," he said. -- Sapa

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