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SOUTH AFRICAN LAW COMMISSION

Project 85

SECOND INTERIM REPORT ON

ASPECTS OF THE LAW RELATING TO AIDS

PRE-EMPLOYMENT HIV TESTING

April 1998

Table of Contents

To Mr A M Omar, M P, Minister of Justice

I am honoured to submit to you in terms of section 7(1) of the South African Law Commission Act, 1973 (Act 19 of 1973), for consideration the commission’s second interim report on Aspects of the law relating to AIDS.

I MAHOMED
Chairperson

April 1998

ACKNOWLEDGEMENT

The Commission is indebted to Mr Ben G Cohen (research assistant to Mr Justice E Cameron, project leader, who together with Mr Justice Cameron undertook the research for Discussion Paper 72) and to Ms Ann Strode, project committee member, who assisted in compiling this interim report.

The project committee would like to pay particular tribute to the extraordinary dedication to this project, shown by the researcher, Mrs Anna-Marié Havenga.

INTRODUCTION

The South African Law Commission was established by the South African Law Commission Act, 1973 (Act 19 of 1973).

The members of the Commission are -

The Honourable Mr Chief Justice I Mahomed (Chairperson)
The Honourable Mr Justice PJJ Olivier (Vice-Chairperson)
The Honourable Madam Justice Y Mokgoro
Adv JJ Gauntlett SC
Mr P Mojapelo
Prof RT Nhlapo
Ms Z Seedat

The members of the Project Committee for this investigation are –

The Honourable Mr Justice E Cameron (Chairperson)
The Honourable Mr Justice PJJ Olivier (Vice-Chairperson of the Commission)
Prof RT Nhlapo (Full-time member of the Commission)
Mr Z Achmat
Dr PJ Haasbroek
Ms M Makhalemele
Dr MJ Matjila
Dr GJ Mtshali
Ms L Seftel
Ms AE Strode
Prof CW van Wyk

The project leader is Mr Justice E Cameron. The researcher responsible for the investigation is Mrs A-M Havenga.

The Secretary is Mr W Henegan. The Commission's offices are on the 12th floor, Sanlam Centre, cor Schoeman and Andries Street, Pretoria. Correspondence should be addressed to:

The Secretary
South African Law Commission
Private Bag X668
PRETORIA 0001

Telephone: (012)322-6440
Fax: (012)320-0936
E-mail: lawcom@salawcom.org.za