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Constitutional Law [2014] ZAGPPHC 727

Dwenga and Others v Surgeon-General of the South African Military Health Services and Others (40844/2013)

Dwenga and Others v Surgeon-General of the South African Military Health Services and Others (40844/2013) [2014] ZAGPPHC 727 (26 September 2014)

The court found that the SANDF's continued blanket exclusion of HIV positive individuals from recruitment and employment, through the use of the G1K1 health classification, is unconstitutional and in breach of both its own revised policies and prior court orders. The SANDF's attempt to relitigate the constitutionality of its employment practices was held to be vexatious, frivolous, and an abuse of process, as the issue had already been determined in the SASFU case. The SANDF failed to provide evidence that its operational requirements justified such discrimination, and its arguments regarding…

  • Unfair Discrimination
  • Hiv Status In Employment
  • Bill Of Rights Limitation
  • Abuse Of Process
  • Instatement
  • Public Sector Employment
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