Working for access to quality public healthcare in South Africa since 1998

SANDF Case

SANDF HIV Discrimination Case

In May 2008, the High Court ruled against the South African National Defence Force’s discriminatory policy of excluding HIV-positive persons from recruitment, external deployment and promotion in the military. The AIDS Law Project, representing the South African Security Forces Union and HIV-positive soldiers, had taken the SANDF to court because the matter is of national and international significance. The Court’s order means that:

  1. The SANDF can no longer automatically exclude HIV positive people from recruitment, external deployment and promotion;
  2. That the individual applicants are entitled to immediate relief. In particular T.C.M. is to be employed as a trumpeter and Sipho Mthethwa is to be immediately reconsidered for external deployment; and
  3. The SANDF must amend its health classification policy within six months to allow for individualised health assessments of recruits and current members of the armed forces.

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