CAPE TOWN - Using someone’s HIV status to name-call, shame or degrade, is a setback for the work done over the last decades to destigmatize the disease.
This is how health activists have reacted to the conviction of Khayelitsha Ward 92 councillor and candidate Xolisa Peter after being found guilty on charges of crimen injuria on Friday and sentenced to 125 hours community service.
Peter had publicly shouted at another party member, Ntombi Dywili, that she had HIV during a heated altercation as they came out of a meeting in August.
The incident was caught on camera.
In September, the ANC said Peter will be stepping aside and the IEC will take her off the party's list.
She is expected to start her community service work at the Lingelethu West police station.
Dwyili on Sunday said that she was consulting with her lawyers to take further legal steps.
“I am satisfied that she is getting some sort of punishment and I don't have to see her in court again. However things are still not the same in the community people are still gossiping about me and looking at me differently. My 18-year-old daughter is also suffering from this and other children at school keep on asking her if I am really HIV positive. The next step is to sue her and I have already met with my lawyers,” she said.
Peter did not respond to calls and texts on Sunday.
Professor Linda-Gail Bekker Deputy Director of Desmond Tutu HIV Foundation said South Africa had the highest burden of people living with HIV and people still carried that with a great deal of stigma.
“Calling someone out in public is at the very least hurtful and at the worst a breach in confidentiality, especially if that is a fact. One would have hoped that in this day and age, as a country we could have moved beyond that because we have lived with the epidemic for a long time and we will for many more years to come. We have nearly 8 million people living with HIV and these individuals need our support and solidarity. People must be able to openly share their status because some do it to educate people. ”
Bekker said the dangers of HIV stigmatisation and incidents like these makes people on the ground anxious about getting tested.
“This is also not in the interest of the public health of our country. The incidents also drive back the work done to educate people about the epidemic. This highlights there is still a lot of work that needs to be done.”
ANC Provincial Provincial Covener Lerumo Kalako said they noted the guilty verdict and sentencing and that a public announcement about action to be taken against Peter will be made after the elections.
“As president Cyril Ramaphosa and the deputy of the ANC have pronounced that immediately after the election all the people who were nominated in a devious manner, found themselves slipping through the process and even in such cases like this where there was a criminal case lodged, we will deal with those cases.
“It means we might have to go for by-elections early. Remember the IEC local government Act also does not allow anyone with a criminal record to serve as a councillor or public representative at any level. In the province we have a duty to act on all the cases,” said Kalako.
ANC Women's League Zoleka Moon said: “We hope that she has learnt a lesson out of this situation and will respect people’s privacy . Above all, we hope she will develop better understanding on matters around living with HIV/AIDS and that it is not a stigma nor something to swear people about.”
Cape Times