21 January 2003
The South African Communist Party (SACP) and the AIDS Consortium have resolved to use 2003 to escalate the Financial Sector Campaign by targeting HIV/AIDS discrimination in the financial sector. The organisations will take consumer cases for litigation and mass mobilisation to challenge unconstitutional cases in the insurance industry. This will focus on the denial of specific services and benefits by the insurance industry on the basis of HIV/AIDS status of affected individuals.
The SACP and the AIDS Consortium are also calling for a meeting with Jody Kollapen, the Chairperson of the South African Human Rights Commission, to inform the Commission of the Campoaign and to request the Commission to use its powers (including investigative and litigation powers) to advance meaningful human rights in the financial sector.
“We call on all poor and working people suffering discrimination from insurance companies to come forward with their cases for court and other action”, said Blade Nzimande, SACP General Secretary.
The organisations have also identified AVBOB for possible consumer rights litigation on the basis of prima facie breach of contractual obligations. The organisations have received numerous complaints regarding whether AVBOB is required to inform its prospective clients to restrictions and exclusions in their burial policies, especially in the context of the HIV/AIDS epidemic and its direct impact on funeral policies and services.
“Many of our members and their families have been refused payment by unscrupulous funeral insurers on the grounds that the deceased were HIV-positive. This is unconstitutional and we are preparing to take these cases to court”, said Sharon Ekambaram, lobbying officer of the AIDS Consortium.
These actions have also been endorsed by the AIDS Law Project, the Centre for Applied Legal Studies, the Legal Resources Centre, the Black Sash, the Treatment Action Campaign and the Congress of South African Trade Union.
In addition to litigation, the organisations have also agreed to conduct consumer information and education whilst also building co-operative banks, burial societies and other alternative structures that will be oriented towards service delivery to poor communities rather than profit maximisation. “This is to ensure the implementation of the decisions and agreement reached at the Financial Sector Summit hosted by the National Economic Development and Labour Council held in August 2002”, concluded Blade Nzimande.
CONTACT
Mazibuko K. Jara – SACP – 083 651 0271 or 011 339 3621
Sharon Ekambaram – AIDS Consortium – 083 634 8924 or 011 403 0265
Mark Heywood – AIDS Law Project – 083 634 8806 or 011 403 6918