Is disclosing someone's HIV status defamation?

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Published Nov 15, 2025

A recent judgment by the Free State Division of the High Court in Bloemfontein has clarified a key point of South African law: publicly disclosing someone's HIV status may constitute a breach of privacy, but not necessarily defamation.
The ruling arose from a case in which a Numsa union leader revealed a member's HIV status during a grievance meeting, prompting emotional distress and an initial damages award of R100,000 — later overturned on appeal.
The court's decision underscores the need to treat privacy and defamation as distinct legal claims, and highlights the broader challenge of protecting dignity and confidentiality for people living with HIV.
We are joined by TAC Secretary General,Sibongile Tshabalala.

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