SALC is supporting the constitutional challenge of Section 30 and 32(a)(vii) of the Sexual offences Act, which provides for mandatory HIV testing of an accused person upon being charged with the offence and imposes a mandatory death sentence upon conviction pursuant to an HIV positive test.
The applicant argues that mandatory testing and imposition of a mandatory death sentence solely because of a person’s HIV status violate the constitutional rights to life, equality and non-discrimination, privacy and dignity and contribute to stigma against PLWH.
The constitutional application was heard before a panel of judges on 24 May and judgment was reserved.
