AIDS Law Project by dfsiopmhy6

VIEWS: 39 PAGES: 8

									AIDS Law Project
       F I NAL R EVI EW
JAN UARY 2009 TO MARCH 2010
AIDS Law Project

+27 (0)11 356-4100 (t)
+27 (0)11 339-4311 (f )

PO Box 32361
Braamfontein 2017
South Africa

Unit 6/002, 6th Floor
Braamfontein Centre
23 Jorissen St, Braamfontein
Johannesburg
South Africa

info@alp.org.za
www.alp.org.za

Edited by Jonathan Berger, Mark Heywood and Adila Hassim
Typesetting & design: AdlibStudio
 AIDS LAW PROJECT REVIEW: JANUARY 2009 TO MARCH 2010                                                                                            3




Contents


Mission statement ……………...................................................................................................……………. 4
Dedication ..………….....................................................................................…………………………..…….. 5
People at the ALP ..…………..........................................................................…………………………..…….. 6
Acknowledgements ……..……....................……………...............................................……….....…………. 8

Foreword
   Ring in the new! From the AIDS Law Project to SECTION27,
   incorporating the AIDS Law Project ........................................................................................................... 9
   Vuyiseka Dubula
Chapter 1
  The aftermath of AIDS denialism: confronting HIV in a broken health system ................................ 13
  Mark Heywood
Chapter 2
  Recalling the AIDS Law Project’s work on law in 2009/2010:
  is there a future for social justice litigation? ……………......…................................................……... 23
  Adila Hassim
Chapter 3
  South Africa’s ailing health system: how should it be treated? …...................................................… 37
  Jonathan Berger
Chapter 4
  Government in the cockpit (at last): new challenges facing HIV prevention and treatment .......... 53
  Ella Scheepers
Epilogue
   AIDS Law Project: a sweet and sad farewell ........................................................................................... 67
   Edwin Cameron
Appendix A
  Legal services and referrals ……………................................................….....................................…… 71
Appendix B
  ALP participation in SANAC …………….................................................................................…...…… 72
Appendix C
  Key developments in politics, law and AIDS. …………….....................................................…...…… 75
Appendix D
  Publications ………………………………................................................….………………..………….. 83
Appendix E
  Written submissions…….……………………................................................….………..………….…... 84
Appendix F
  Oral presentations …………………………................................................……....……………………... 85
Appendix G
  Positions held by members of staff ……………..………….................................................…………… 92
Appendix H
  Financial statements ……………..…….........................................................................………………… 94
 4    M I S S ION STATE M E NT



Mission statement

The AIDS Law Project (ALP) is a human rights organisation that seeks to influence, develop and use
the law to address the human rights implications of HIV/AIDS in South Africa, regionally and inter-
nationally. In particular, it uses legal and policy processes and litigation to protect, promote and
advance the rights of people living with HIV/AIDS, as well as to change the socio-economic and other
conditions that lead to the spread of infectious diseases and their disproportionate impact on the poor.
In addition, it conducts and publishes research in order to assist with policy formulation and the
development of appropriate legal and regulatory frameworks needed to respect, protect, promote and
fulfil human rights.
     Although the ALP maintains a focus on HIV/AIDS, it recognises that the progressive realisation
of a set of human rights – and socio-economic rights in particular – is fundamental to sustainable
progress in tackling the epidemic. Developing content and a better understanding of the duties of the
public and private sectors regarding the right of people to health care is a particular objective of the
ALP.
     The ALP believes that empowering vulnerable people living with or affected by HIV/AIDS with
knowledge of the law and human rights is effective and sustainable in tackling the epidemic. To this
end, we work in partnership with other human rights organisations – particularly the Treatment
Action Campaign (TAC) – to educate and train people about law, human rights and how they can use
the legal framework.
     The ALP is committed to the highest level of professionalism, accountability, transparency and
respect for people’s equality, dignity, privacy and autonomy.




     Andrew Richard Warlick
     3 August 1982 - 11 April 2010

     It is with deep sadness that we remember Andrew.
     His personal dignity reflected his belief in the right
     to dignity of all people. We will miss Andrew in
     the next stage of our struggle.
 AIDS LAW PROJECT REVIEW: JANUARY 2009 TO MARCH 2010                                                 5



Dedication

Since the advent of our constitutional democracy, litigation and legal advocacy has done a great deal to
protect, advance and clarify the rights of people living with HIV. This would not have been possible
without the courage of individuals who placed faith in the Constitution and used the law to advance
their rights and those of others. Over the years there have been too many clients to name individually
here, but we have tried to recall those people whose cases we have reported publicly upon.
     The people listed below forged a new path for equality in relation to unfair discrimination against
domestic workers, employment discrimination in other workplaces (including the public service),
discrimination by life insurers and medical schemes, and discrimination in access to treatment.
     As the years passed, the ALP began litigating increasingly in relation to the positive obligations on
the state, state accountability and the constitutional responsibilities of the private sector.
     The ALP remembers the courage of all our clients and comrades whose personal struggles made
the law, some of whom have died as a result of HIV. This, the ALP’s final review, is dedicated to them.



   A (A v Connell Instruments (Pty) Ltd)                   privacy) – died in 1991
   A (A v SAA) – died in 2001                           Khanya Mkoko
   Dr Steven Murray Andrews – died in 2009              Thapelo Mlonyeni (Free State ARV treatment
   AKM, TSM, ZSM and XM (individuals challenging           moratorium) – died in 2009
      the SANDF)                                        Dr William Nkhangweni Mmbara
   Baby A and her parents, IH and AO                    Sr Nompumelelo Mntangana
   Dr Mark Blaylock                                     Dr Thys von Moellendorf
   CM (CM v SANDF)                                      Christopher Moraka – died in 2000
   DK (DK v Dept of Home Affairs)                       Sgt Sipho Mtethwa
   Gugu Dhlamini – died in 1994                         NS (NS v Old Mutual)
   EN, BM, DM, EJM, LM1, MAZ, MSM (died 2006),          Dr Malcolm Naude
   ND, NS, SEM, TJX, TS, VPM (died 2005), ZPM           Matomela Paul Ngubane – died in 2003
                                                        Simon Tseko Nkoli – died in 1998
      and LM2 (inmates at Westville Correctional
                                                        Neliswa Nkwali
      Centre in EN v Government of the RSA)
                                                        Norute Nobola
   FH (FH v Compcare Medical Scheme)
                                                        Karen Perreira
   GA (GA v SAPS)
                                                        Dr Colin Pfaff
   Dr Costa Gazi
                                                        Sr Susan Roberts
   Sindiswa Godwana
                                                        Dr Haroon Salojee
   Dr Eric Goemaere                                     Bulelwa Sekosana
   Dr Strinivasan Govender                              Isaac Skosana
   Fanelwa Angel Gwashu                                 SM, NM and LH (women challenging violation
   Sarah Hlahlele – died in 2003                           of their privacy in NM v Smith)
   John Ndimande Hlatshwayo                             Lourens Swanepoel – died in 1994
   Barbara Kenyon                                       TMS
   K (Highveld Mediclinic)                              Hazel Tau
   LM (individual challenging Spectramed)               Nomafrica Velem
   Ronald Louw – died in 2005                           Dr Willem Daniel Francois Venter
   Edward Mabunda – died in 2003                        VRM (challenged misconduct by her doctor in
   Mr and Mrs Maimela                                      VRM v HPCSA)
   Mandla Majola                                        Charlene Wilson – died in 2003
   Sizeka Maya                                          X (X v ADT Security)
   Barry McGeary (challenged violation of               Nontsikelelo Patricia Zwedala



Finally, we acknowledge Constitutional Court Justice Edwin Cameron who had the foresight and faith
in human rights law to start the ALP in 1993. We hope that SECTION27 will remain true to his vision.
    6     PEOPLE AT TH E ALP



People at the ALP

Board of directors
Chairperson
•       Vuyiseka Dubula: General secretary, TAC, and person living openly with HIV


Deputy chairperson
•       Johann Kriegler: Former justice of the Constitutional Court and chairperson of the Independent Electoral
        Commission during South Africa’s first democratic elections

Treasurer
•       Nhlanhla Ndlovu: Programme manager, Centre for Economic Governance and AIDS in Africa (CEGAA)

Other directors
•       Quarraisha Abdool Karim: Epidemiologist, Centre for the AIDS Programme of Research in South Africa
        (CAPRISA), Nelson Mandela School of Medicine, University of KwaZulu-Natal and Columbia University;
        and first director of South Africa’s HIV/AIDS and STD programme in the Department of Health (1995-
        1996)
•       Brian Brink: Senior vice-president (medical), Anglo American Corporation and member of the board of the
        Global Fund for AIDS, TB and Malaria
•       Sharon Fonn (ex officio): Head of the School of Public Health, University of the Witwatersrand,
        Johannesburg
•       Mark Heywood (ex officio): Executive director, ALP
•       Marius Pieterse (ex officio): Professor of law, University of the Witwatersrand, Johannesburg
•       Theo Steele: National organiser, Congress of South African Trade Unions (COSATU)




Staff
•       Muhammad Abdur-Rahim            Finance manager
•       Jonathan Berger                 Senior researcher and director of policy and research
•       Paul Booth                      Research assistant to executive director (in his capacity as deputy
                                        chairperson of the South African National AIDS Council (SANAC))
                                        (until September 2009)
•       Meryl Federl                    Information officer (until December 2009)
•       Nathan Geffen                   Researcher
•       Adila Hassim                    Advocate and director of litigation and legal services
•       Mark Heywood                    Executive director
•       Brian Honermann                 Researcher
•       Nonkosi Khumalo                 Researcher (currently seconded to TAC as full-time chairperson)
•       Linda Lea                       Interim chief operating officer
•       Mpho Maledimo                   Administrator (until February 2010)
•       S’khumbuzo Maphumulo            Attorney
    AIDS LAW PROJECT REVIEW: JANUARY 2009 TO MARCH 2010                                                             7


•    Phindile Mlotshwa                   Office assistant
•    Gerniene Myles                      Receptionist (until April 2009)
•    Shalom Ncala                        Receptionist
•    Sue Niekerk                         Organisational secretary (until February 2010)
•    Dan Pretorius                       Attorney and trainer (until February 2010)
•    Umunyana Rugege                     Attorney
•    Asanda Saule                        Communications officer
•    Ella Scheepers                      Personal assistant to the TAC chairperson
•    Tummy Seboko                        Administrative officer
•    John Shija                          Personal assistant to the executive director
•    Nasser Sujee                        Finance officer
•    Marije Versteeg                     Project manager, Rural Health Advocacy Project (RHAP)
•    Agnieszka Wlodarski                 Attorney


Interns
•    Robyn Griffiths                     Intern from Cardiff University (September – October 2009)
•    Lucky Mkhize                        Intern from Students for Law and Social Justice (SLSJ), University
                                         of KwaZulu-Natal (January – February 2010)
•    John Stephens                       Intern from the University of Virginia (May – July 2009)




ALP staff: Standing – from left: Jonathan Berger, Umunyana Rugege, S’khumbuzo Maphumulo, Ella Scheepers, Phindile
Mlotshwa, Brian Honermann, Tummy Seboka, Muhammad Abdur-Rahm, Asanda Saule, Nathan Geffen and Mark
Heywood. Seated – from left: Agnieszka Wlodarski, Nasser Sujee, Marije Versteeg and John Shija. Inserts – from left: Adila
Hassim, Linda Lea, Shalom Ncala and Nonkosi Khumalo.
 8    ALP PEOPLE




Acknowledgements

Clients, deponents, witnesses and expert advisers
GA, Dr. Vivian Black, Community Media Trust (CMT), Dr. Ashraf Coovadia, David Cote, DD, Yoliswa
Dwane, Equal Education, Dr Eric Goemaere, Sara Hjalmarson, MK, Evans Kuntonda, PM, Thapelo
Mlonyeni, Stella Mothatha, Médecins Sans Frontières (MSF) South Africa, Sgt. Sipho Mthethwa,
Dr. Luvuyo Mtongana, Trymore Mushirizindi, Sacred Heart College, Priya Singh, Dr. Vanessa Tanser,
Bianca Tolboom, Dr. Francois Venter, BV, Jacob van Garderen, Bishop Paul Verryn, Dr. Doug Wilson,
deponents in the challenge to the Johannesburg loitering by-law, and health care providers in the Free
State and Edendale Hospital in KwaZulu-Natal.

Donors
The Ford Foundation, the Levi Strauss Foundation, the Royal Netherlands Embassy and the Swedish
International Development Agency (administered by the AIDS Foundation of South Africa)

Lawyers and legal advisers
Adv. Daniel Berger SC, Jason Brickhill (Legal Resources Centre (LRC)), Adv. Steven Budlender,
Adv. Matthew Chaskalson SC, Adv. Lilla Crouse, Adv. Gcina Malindi, Adv. Gilbert Marcus SC,
Tembeka Ngcukaitobi (LRC), Ian Small-Smith, Andrew Smith (Bowman Gilfillan Attorneys),
Adv. Lwandile Sisilana, Adv. Wim Trengove SC and Suzette Gerber.


Individual contributors
Zackie Achmat, Adv. Geoff Budlender, Nicholas Crisp, Adv. Andrea Gabriel, Trudie Harrison, Shireen
Hassim, Teboho Klaas, Jody Kollapen, Jack Koolen, Anna-Maria Lombard, Danie Louw, Mandla
Majola, Kabelo Makhetha, Precious Matsoso, Sello Mokhalipi, Shan Ramburuth, Phumi Mtetwa,
Dr. Nono Simelela, Adv. Wim Trengove SC and Anso Thom.

Government officials
Minister Barbara Hogan, Minister Aaron Motsoaledi, Deputy Minister Andries Nel, Dr. Anban Pillay,
Dr. Yogan Pillay and Minister Jeff Radebe.

Organisational partners
AIDS and Rights Alliance for Southern Africa (ARASA); AIDS Consortium; Budget Expenditure and
Monitoring Forum (BEMF); Centre for Rural Health, University of the Witwatersrand, Johannesburg;
CMT; COSATU; Equal Education; Free State AIDS Coalition; Health-e News Service; Joint United
Nations Programme on HIV/AIDS (UNAIDS); Lawyers for Human Rights (LHR); Legal Aid South
Africa; LRC; MSF South Africa; ProBono.Org; Reproductive Health and HIV Research Unit (RHRU),
University of the Witwatersrand, Johannesburg; Rural Doctors Association of South Africa (RuDASA);
RHAP; South African Human Rights Commission (SAHRC); SANAC; Southern African HIV
Clinicians Society; SANAC Law & Human Rights Sector Working Group; School of Law, University
of the Witwatersrand, Johannesburg; SLSJ; TAC; Webber Wentzel Attorneys; and Zimbabwe Lawyers
for Human Rights (ZLHR).

Professional services
Designs4development, David Furnival and Kate Soal.

								
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