Disclosing someone's HIV status is not defamation

THE Bloemfontein High Court has overturned the R100,000 in damages awarded to a Union of Metal Workers of South Africa (Numsa) member against a colleague who disclosed her HIV status during a public meeting.

- ZELDA VENTER

The woman, only identified as K, instituted a damages claim against the union and its member, who had divulged her status, claiming that his disclosure was defamatory of her.

The Bloemfontein High Court earlier ruled in her favour and ordered Numsa to pay her R100,000 in damages. Upon appeal, the high court found in Numsa’s favour.

Acting Judge HE De La Rey found that defamation and a breach of privacy are two separate issues. The offending disclosure, the judge stated, was categorised as a breach of privacy, which was not included in K’s original case.