SA military's HIV ban unlawful

South Africa's High Court in Pretoria has ruled that the military's exclusion of HIV-positive people from recruitment, promotion and foreign deployment is unconstitutional.

South Africa's military will have to present a new health classifications policy within six months. (Image: IRIN)

"This case is not about the relevance of HIV in a military context," argued senior advocate Gilbert Marcus. "The case is about the exclusion from recruitment, deployment and promotion of HIV-positive people, without any individual assessment of the state of their health."

The case against the South African National Defence Force (SANDF), which could set a precedent for armed forces internationally, was brought by the South African Security Forces Union (SASFU), the organisation representing SANDF employees, and by two men who were denied deployment and employment opportunities because of their positive HIV status.

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