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However, the blood test showed that he was HIV positive. Mr Trengove, who, together with Mr Katz and Ms Camroodien, appeared on behalf of the appellant, submitted that it was. The appellant challenged the constitutionality of the refusal to employ him in the High Court, alleging that the refusal constituted unfair discrimination, and violated his constitutional right to equality, human dignity and fair labour practices.As a result, the medical report was altered to read that the appellant was “H. He sought an order, in motion proceedings, amongst other things, directing SAA to employ him as a cabin attendant. It asserted that the exclusion of the appellant from employment had been dictated by its employment practice, which required the exclusion from employment as cabin attendant of all persons who were HIV positive.In particular, it included minutes reflecting the unanimous view of these medical experts.

If they do not take it, however, they run the risk not only of contracting yellow fever, but also of transmitting it to others, including passengers.In the course of their duties they are required to fly to yellow fever endemic countries.To fly to these countries they must be vaccinated against yellow fever, in accordance with guidelines issued by the National Department of Health.SAA justified this practice on safety, medical and operational grounds.In particular, SAA said that its flight crew had to be fit for world-wide duty.

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