It’€™s easy to say stigma is an issue of the past, but what do South Africans say?

‘€œWe are used to it now; I would accept anyone who disclosed their HIV status. You can’€™t judge somebody else. What if you are also sick?’€

Others had opposing views.

‘€œIt’€™s still a problem for people’€¦.You have to accept someone who is HIV-positive because, obviously, they don’€™t like the fact that they are positive. We must accept it because tomorrow it might be you, while it’€™s him today’€, said one.

 ‘€œYes, there is still a stigma because we are not taking it serious. There are people who still don’€™t condomise. Not all of us can reveal our HIV status because we are scared what people will say’€, said another.

From the views of people interviewed, it’€™s clear that there are still fears of victimisation because of HIV infection. The Treatment Action Campaign, TAC, says great steps have been taken to de-stigmatise HIV, however, there are still pockets of communities who have not yet come to terms with it. TAC Representative in the Gauteng region, Luckyboy Mkhondwane, says people are often judged once they disclose.

‘€œFor example, if someone decided to tell people about his status then people will say you had too many partners; you were not living a ‘€˜proper’€™ life. Stigma is still there towards people living with HIV, but, gradually, we are seeing more and more HIV-positive people coming out and being bold, saying: ‘€˜I don’€™t care who says what. If you reject me or judge, it’€™s up to you’€™. At the same time, you have those people who are afraid to come out and would rather lie about their illness and say they have diabetes, cancer, etc, because of the rejection people fear facing’€.  

Stigma leads to victimisation, which often leads to discrimination. Mkhondwane, who is HIV positive himself, recalls an incident where he was discriminated against because of his status. He says he also lost many friends because he decided to be open about it.

‘€œI was in a taxi and that very same month I did an interview with one of the magazines. Co-incidentally, two girls were reading that magazine in the taxi.

My picture was there, and so was my story. They noticed this is the person we’€™re reading about, so they moved to the row behind me. But I understand that people react differently to HIV. I have lost quite a lot of friends because I decided to be open about my status. People just stopped calling and visiting me. They just don’€™t want to associate with me. In the communities, when people know your status and they see you with a certain group of people, even those people are assumed to have HIV.   There is a perception that as friends, we’€™re doing the same things’€.

Mkhondwane says his organisation, the TAC, receives many calls and visits from people who are being discriminated against at their workplace. He says there are many forms of discrimination in the workplace.

‘€œFor instance, people who are child minders, people who work in the food industry… We get calls from them saying after their boss found out that they were HIV positive they moved them from the kitchen to being a cleaner. Even though they won’€™t be straight with you and tell you that they are moving you from being a chef or waiter to being a cleaner because of your HIV status, they’€™ll make up an excuse. These companies are smart because they know the law and so they’€™ll rather demote you or move you to a position where you work in isolation’€.

A matter between an employer and employee is currently before the Labour Court. The employee claims that he was dismissed after he disclosed his HIV status. He sought advice from Probono.org, a legal clearing house that assists people to get justice freely. Head of the General Law Department at Probono.org, Kisha Candasamy, tells more about the case.

‘€œIt is a matter related to a dismissal of an employee after he disclosed his HIV status. This matter is now being pursued by the attorneys. Section27 is also involved and they are now taking this matter to court because the employer is not backing down. Unfortunately, I can’€™t reveal the merits of the case but it was due to his HIV status’€.

Candasamy shares another case that the organisation has intervened in.

‘€œWe’€™ve also got another matter where rumours started that she was HIV-positive, even though she wasn’€™t. What followed was rumours spreading, continuous discrimination, there was name-calling, and this was from the management down. It filtered right through the company. Eventually, this client had to leave this employment. She wasn’€™t dismissed, but she got to the point where she could no longer stand being in that environment because of the stigma and the discrimination that was taking place’€, she says.

Candasamy says that stigma is still a huge issue that needs to be tackled. She urges people not to lose hope because there are ways to fight for your rights.

‘€œPeople who are in this type of situation can contact us, so we can try and assist you or refer you to a different organisation.

Also, don’€™t forget that the CCMA is made readily available to you, so an employee can go directly there without going through lawyers first. This is definitely something people should pursue’€, says Candansamy.