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SANDF accused of HIV discrimination

The High Court in Pretoria will on Tuesday hear arguments about the alleged discrimination of HIV-positive members within the SA National Defence Force, The Star reported on Monday.

Applicants claim the SANDF continues to unlawfully exclude new recruits solely on the basis of their HIV status despite a court order six-years ago.

"It does so regardless of the applicant's actual state of health, the job to be performed, and regardless of the order of the court," according to the applicants' head of arguments.

The SANDF's old health classification policy excluded people living with HIV from recruitment, external deployment and promotion, according to the newspaper.

In 2008, the same court declared that the force's HIV-testing policy unreasonably and "unjustifiably" infringed on the rights of members.

The Aids Law Project [now part of Section27] had challenged the exclusion, regardless of a member's fitness levels and ability to do the job.

This led to the adoption of a new policy in 2009, which was meant to discontinue the discriminatory policy.

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