1. Section 11 of the Public Health Act provides that it is a criminal offence for any person who, while suffering from any communicable disease, wilfully spreads the said disease. Although AIDS is not specifically mentioned, it is a communicable disease. Section 147 of the Penal Code also provides that any person who has been found guilty of having sexual intercourse with a person under the age of 16 years shall be required to undergo an HIV test. If such person tests positive, he shall be sentenced to a minimum period of imprisonment. See also, Justice De Villiers, ‘The Legal and Equitable Protection of Employees Living with HIV/AIDS’, in Ditshwanelo op cit, at 7.
2. [1992] BLR, at 146–7.
3. The Enhancement of Good Governance in Botswana: A Critical Assessment of the Ombudsman Act, 1995
4. The South African Human Rights Commission established under s 184 of the Constitution has the task of promoting and protecting the fundamental rights encapsulated in the bill of rights. The Commission may, on its own initiative or upon receipt of a complaint, investigate any alleged violation of a fundamental human right. Besides its supervisory role in relation to human rights, the Commission is authorized to provide financial assistance to complainants and other affected persons to enable them to seek redress for grievances in any appropriate forum.
5. [1992] BLR 119.