OZIEL MDLETSHE
In South Africa, you are not legally obliged to disclose your HIV status to anyone. Section 14 of the Constitution guarantees everyone the right to privacy, which means that people living with HIV (PLHIV) are protected under the Bill of Rights, just as anyone else. This includes the right to keep your HIV status private if you choose. However, when it comes to sexual relationships, the conversation becomes more complicated.
If you are sexually active and have had intercourse with more than one person without knowing their HIV status, there is a possibility you have been exposed to HIV unknowingly. This legal protection exists to ensure equality of PLHIV, similar to how individuals are not compelled to disclose their mental health conditions. The idea is that one’s health status, whether mental or related to HIV, should not determine their worth or equality.
But there is a crucial part to this right of non-disclosure, if you are aware of your HIV status and engage in unprotected sexual intercourse, and your partner becomes infected, the law may hold you accountable. In cases where there is sufficient evidence that you knew your status before engaging in intercourse, the legal responsibility falls on the person who did not disclose. Likewise, your partner would need to prove they were HIV-negative before the encounter.
The recent case of a former South African National Defence Force (SANDF) soldier sentenced to life imprisonment for attempted murder illustrates the complexities surrounding disclosure. The man was found guilty of intentionally infecting his former girlfriend with HIV. The court determined that he lied about his HIV status, claiming to be negative, and deliberately removed the condom during intercourse, infecting her. This case highlights the legal ramifications of non-disclosure and deception, which can have devastating consequences.
As a man living with HIV myself, I bring up this case not to judge but to start a dialogue about HIV disclosure in intimate relationships. We need to take responsibility for positive prevention and ensure we do not intentionally harm others. However, I understand that disclosure remains one of the most difficult conversations for people living with HIV. Stigma and the fear of rejection from partners often prevent individuals from opening up about their status.
Having worked in the HIV space for many years, supporting couples and people living with HIV, I have seen first-hand the struggles of those in stable relationships who disclose their status. Many are rejected after disclosure, leading some to believe that their only chance of a successful relationship is with someone who shares their HIV status. But love knows no boundaries, and while finding someone with the same status may seem like a solution, it is not necessarily the best or only option.
As we strive toward ending HIV by 2030, we must also work to change our attitudes and behaviours toward disclosure and stigma. Stigma remains one of the largest contributing factors to non-disclosure, new infections, and the challenges of managing HIV on an individual level. The fear of being judged, ostracised, or rejected continues to drive people away from having honest conversations about their health.
Our fight against HIV cannot rely on a single solution. We need a combination of clinical interventions, behavioural change, and community-driven responses. Social activities should include elements of education and information sharing that challenge stigma and promote understanding. We need to foster environments where people feel safe to disclose their status, free from the fear of rejection or discrimination.
Ending HIV requires more than just medical advancements, it requires us to look inward at our own attitudes and how we treat others. By creating supportive, stigma-free spaces in our relationships and communities, we can reduce new infections and ensure that people living with HIV can live openly, without fear, and with dignity.
Oziel Mdletshe is an HIV and Human Rights activist.
Daily News