Transcription of CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 17/00 ...
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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 17/00 ...
CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 17/00 JACQUES CHARL HOFFMANN Appellant versus SOUTH AFRICAN AIRWAYS Respondent Heard on : 18 August 2000 Decided on : 28 September 2000 JUDGMENT NGCOBO J: Introduction [1] This appeal concerns the constitutionality of SOUTH African Airways (SAA) practice of refusing to employ as cabin attendants people who are living with the Human Immunodeficiency Virus (HIV). Two questions fall to be answered: first, is such a practice inconsistent with any provision of the Bill of Rights; and second, if so, what is the appropriate relief in this case? [2] Mr Hoffmann, the appellant, is living with HIV.
[7] SAA denied the charge. It asserted that th e exclusion of the appellant from employm ent had been dictated by its em ploym ent practice, which required the exclusion from employm ent as cabin attendant of all persons who were HIV positive. SAA justified this practice on safety, medical and operational grounds.
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