JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 5(2) - 2001



Editorial 2001 (2)


We speak about 'the AIDS crisis' in South Africa. The crisis has three distinct but inter-related components, each stemming from and exacerbating the other.

The first is the crisis of illness and debilitation and death. This first crisis has triggered a second: a crisis of action. But there are...




Aiding intolerance and fear: The nature and extent of AIDS discrimination in South Africa

 Richter, Marlise 

Discrimination on the basis of HIV/AIDS may take different forms. Marlise Richter provides a practice-based exposition of the nature of HIV/AIDS discrimination in South Africa.

It has arisen, inter alia, in the areas of employment, insurance, access to education, medical aid, privacy, wilful transmission and the adoption of children...


Debunking 'Conglomo-talk': A case study of the amicus curiae as an instrument for advocacy, investigation and mobilisation

 Heywood, Mark 

Mark Heywood focuses on the legal action brought by the Pharmaceutical Manufacturers' Association (PMA) to test the constitutionality of an amendment to South Africa's Medicines and Related Substances Control Act of 1965. It traverses some of the history of a case rich in irony, insofar as the PMA utilized...


Taking responsibilities seriously: The role of the state in preventing transmission of HIV from mother to child

 Berger, Jonathan 

Jonathan Berger deals with the issue of the transmission of HIV from mother to child, which is the primary source of infection in young children. The author accepts that preventative interventions substantially reduce mother to child transmission (MTCT) but, without state intervention, access to programmes to prevent MTCT remains...


Testing for HIV/AIDS: The constitutional standard

 Pillay, Karrisha 

Testing for HIV/AIDS has long been a contentious issue. Karrisha PiIlay examines it in the context of the right of access to health care services embodied in s27 of the Constitution.

The author argues that appropriate testing for HIV/AIDS is a key component in an effective strategy for...




FORUM CONTRIBUTION: A summary of some cases on HIV/AIDS

 Rugege, Sam 

Sam Rugege provides concise commentary on two important recent judgments involving discrimination on the basis of HIV/AIDS. The first is a decision by the South African Constitutional Court in Hoffmann v South AJrican Airways [2000] I I BCLR 121 1 (CC) based on the constitutional equality clause.

This case...


FORUM CONTRIBUTION: South African court rules on the state's obligation to prevent mother-to-child transmission of HIV

 Budlender, Geoff 

In Treatment Action Campaign and Others v Minister of Health and Others 2002 (4) BCLR 356 (T) the Pretoria High Court found in favour of the Treatment Action Campaign and others and against the Minister of Health on the issue of mother-to-child HIV transmission. The steps taken by the...


FORUM CONTRIBUTION: Comment on the Code of Good Practice: Key Aspects of HIV/AIDS and Employment

 Vergnani, Tania and Nikki Schaay 

Drawing on their experience in drafting an HIV/AIDS workplace policy for the University of the Western Cape, Tania Vergnani and Nikki Schaay reflect on the Code of Good Practice: Key Aspects of HIV/AIDS and Employment in terms of its ability to assist in defining and refining HIV/AIDS policies. They...