SECTION27 » Litigation and legal papers

The newly formed National Health Insurance Coalition (NHIC) gives civil society voice on National Health Insurance

admin — Fri, 09 Dec 2011 07:14:15 +0000

National Health Insurance holds the potential to drastically improve health care across South Africa; civil society is organising to secure its success.

Key members of civil society recently formed the National Health Insurance Coalition (NHIC) to collectively respond to and help develop National Health Insurance (NHI). The NHIC also intends to jointly endorse key submissions on NHI, encourage civil society participation in the NHI policy process and launch an advocacy campaign, among other things.

This week, the NHIC published a discussion document to facilitate exchange over the Green Paper on NHI. On 7 – 8 December 2011 the Department of Health (DoH) held an international consultation on NHI, during this consultation the NHIC held a successful side meeting to discuss the way forward.

To inquire about the National Health Insurance Coalition or join our efforts email: coordinator@phmsouthafrica.org. We can go far together.

Judgment reaffirms rights of people with HIV to non-discrimination in employment

admin — Wed, 16 Feb 2011 19:44:48 +0000

SECTION27 welcomes the judgment handed down by Judge Bhoola today in the Labour Court in the case of Gary Shane Allpass v Mooikloof Estates (Pty) Ltd. The case concerns the unfair dismissal in 2008 of a horse riding instructor on the grounds of his HIV status. The ruling follows the institution of legal proceedings on behalf of Mr Allpass by Webber Wentzel Attorneys, with the assistance of SECTION27. In her judgment, Judge Bhoola noted that “this court is indebted to the AIDS Law Project for its assistance.” SECTION27 incorporates the AIDS Law Project.

Judgment reserved in alleged unfair dismissal case (Gary Shane Allpass v Mooikloof Estates)

admin — Mon, 06 Dec 2010 16:03:10 +0000

On December 2nd 2010 judge Urmila Bhoola of the Labour Court reserved judgment in the case of Gary Shane Allpass v Mooikloof Estates (Proprietary) Ltd. Amongst other things, the case concerns the alleged unfair dismissal of a horse riding instructor on the grounds of his HIV status. The applicant, Mr Gary Allpass, is an award-winning horse rider and instructor who has been living with HIV since 1992. He was represented in court by Advocates Warren Banks and Adila Hassim, who were instructed by Webber Wentzel Attorneys. Hassim is the head of litigation and legal services at SECTION27.

SECTION27 wins right to use its own name

admin — Mon, 10 May 2010 14:37:02 +0000

Following the initiation of legal proceedings, on 7 May 2010, the Companies and Intellectual Property Registration Office (CIPRO) has agreed to permit the AIDS Law Project (ALP) to reserve the name SECTION27, incorporating the AIDS Law Project. CIPRO initially refused to reserve the name, SECTION27, incorporating the AIDS Law Project, explaining as follows, “your proposed name connote government patronage. The wording employed to serve as a name, cannot be allowed and are calculated to cause damage, moreover misleading and damaging”. CIPRO also refused our request on the basis of a comparison with existing names on its database, however, they bore no resemblance to the requested name.

Equal Education v Western Cape Education Department

honermann — Fri, 09 Apr 2010 06:12:36 +0000

On 12 March 2010, the ALP assisted Equal Education in submitting a request to the Western Cape Education Department (WCED) under the Promotion of Access to Information Act. The request sought information on the literacy and numeracy pass rates and average test scores for grades 3 and 6 in the Western Cape.

Central Methodist Church vs City of Johannesburg (Loitering Case)

admin — Wed, 28 Oct 2009 10:52:52 +0000

Documents related to the Central Methodist Church vs City of Johannesburg (Loitering Case)

Naude v The member of the Executive Council, Department of Health, Mpumalanga

admin — Tue, 21 Oct 2008 11:13:21 +0000

On 21 October 2008 the Labour Court handed down the judgment in the case, Naude v The member of the Executive Council, Department of Health, Mpumalanga. The court found that Naude had been unfairly dismissed, awarded him R100 000 compensation, and costs in ALP's favour. This is a victory for all doctors who seek to practice their professional ethically, even where it may go against government policy. In this case the AIDS denialism of the former Minister for Health, Manto Tshabalala-Msimang and the former MEC for Health in Mpumalanga, Sibongile Manana has once again been found to be unlawful and a violation of rights.

South African Security Forces Union and Others v Surgeon General and Others

admin — Fri, 16 May 2008 13:18:18 +0000

On 15 and 16 May 2008, a ground breaking case on the constitutionality of HIV testing policies that are used to exclude ALL people with HIV from recruitment to, promotion or foreign deployment in the SA National Defence Force was heard in the Pretoria High Court. The court was asked to declare the blanket exclusion unconstitutional, order the appointment or promotion of individual’s adversely affected by the policy and to order the SANDF to devise a new policy within six months.

NM, SM and LH v De Lille, Smith and New Africa Books

admin — Wed, 04 Apr 2007 13:21:16 +0000

On Wednesday, 4th April 2007 the Constitutional Court handed down judgment on the case of NM & Others v Charlene Smith, Patricia De Lille, and New Africa Books. The case concerned the publication of the applicants' full names and HIV status in the biography of Patricia De Lille, authored by Charlene Smith and published by New Africa Books, without their consent.

EN and Others v Government of the Republic of South Africa and Others (Westville)

admin — Wed, 12 Apr 2006 13:23:14 +0000

Since October 2005 the TAC and the AIDS Law Project (ALP) have assisted HIV positive inmates at Westville Prison in acquiring ARVs that have routinely been refused to them by prison authorities. Situated in Kwazulu Natal, one of the provinces most severely affected by HIV/AIDS, Westville had steadfastly prevented TAC or other NGOs from conducting treatment workshops, treatment literacy programs, or any form of HIV awareness training.