Concerning the rights of people with regard to their HIV status during contact with our health system: BONELA's alleged assertion that the Bill seeks to empower medical practitioners to force clients to undergo HIV tests without their consent. The rationale for this, it is said, is not provided for in the Bill, and the provision can be abused by curious doctors.
However, the Bill does not seek to empower medical practitioners to force clients to undergo tests. In fact, Clause 104 (3) (b) of the Bill provides that the Director or a person authorised by him may where necessary and reasonable, require a person or a category of persons to undergo an HIV test. Clause 104(4) then provides that where a person required to undergo an HIV test under clause 104(3) refuses to do so, the Director may apply to a magistrate for an order requiring that person to undergo the test. Note that in terms of subclause (3) the need for the person to undergo the test must be necessary and reasonable and can only be enforced through having the facts presented before, and determined by a court. This does away with the notion that medical practitioners can abuse the provision to satisfy their curiosity.
