David Tsewu was employed as a motorbike driver for the past 3 years. He worked for Master Parts in Cape Town .During 2003 he became sick which resulted in him periodically being off from work.
Early this year David’s doctor asked if he can test him for HIV and he agreed.
In January this year he was informed that he was HIV positive. Back at work his manager continuously probed “what is wrong with you David?” A month later David was so tired of being asked that he declared his status to the company.
The company told him he could take off as long as he needed. They would pay his salary. In the meantime they quickly applied for his provident fund due to ill health. David signed the relevant forms thinking it would resolve the problem of being without income whilst he was off sick.
But after receiving anti-retroviral treatment, he felt fit enough to work and approached the Numsa local office.
The union wrote a letter to the company. They did not respond. After the union enquired again the company said: “David is no longer our problem, he is off on pension”.
The union feels that David was dismissed in an underhand way because of his HIV status. The union is currently challenging his dismissal based on discrimination. Numsa organiser Vanessa Le Roux spoke to David.
David’s Story
After you were tested what did the doctor say?
The doctor told me that I am in my third stage and he is not sure how long I have to live. The doctor gave me a referral letter to G.F. Jooste Hospital . The hospital was full and could not keep me there. I felt very weak as my chest was clogged up. At 5 the next morning they sent me home after I received some medication. The hospital referred me to the clinic in NY1- Gugulethu. From there I was sent to KTC – Hannah Crusaid treatment Centre where I still get treatment.
Did the doctor or the clinic counsel you before you became aware of your status?
No I did not get any counselling from the doctor or the clinic.
What happened at work, you said they kept on asking what is wrong?
Yes my boss, Dawie Fourie asked me. And in February this year I decided to tell him the truth. In the same week he told me to fill and sign the forms that will ensure I get my wages. Dawie also told my colleagues what’s wrong with me. The forms were sent to the doctor and he returned it back to the company.
Did you ever give consent to your boss and the doctor to say what is actually wrong with you? I see in your provident fund application there is a specimen report that gives your CD4 count.
No, I never gave permission to Dawie to tell people. This form with my CD4 count, it is the first time I see it.
How do you feel sharing your story with me and Numsa News readers?
I have this pressure in me, grappling with the question how long am I going to live, and I accepted the fact now that I am HIV positive. I am glad I can tell the union and other comrades in Cosatu what happened, for them to look out that the same thing doesn’t happen in their workplace.
David one can only imagine what pressure was on you to tell your family and friends, how did you deal with it?
I have a girlfriend and felt I must tell her, as I slept with her without a condom. I felt if I don’t tell her and she finds out later, she will blame me. She was upset in the beginning and had to tell her family as well. Things are now better.
I only have an aunt that is a beacon of hope to me. She called me and asked what is this story she heard. I told her what my problem is and gave her some of my monies should anything happen. I don’t want them to struggle.
My aunt told me to go to a support group as I live alone and need some support. My aunt checks up on me twice a week. If I don’t go and visit her, she telephones to see how I am.
I have one sister who lives in Eastern Cape . She understands and supports me.
David, you said you have a two-year old child. Did you take the child for testing?
No, I did not see any signs of sickness yet; therefore I don’t see the need for him to be tested.
David you are really looking well and healthy, doesn’t the treatment make you sick?
I have heard at the clinic from other patients that they get sick. I am lucky that there are no side effects. I make sure that I eat properly and eat lots of vegetables.
Thank you for sharing your story. We know this is a long and hard road, your case will take some time, we salute you for your strength and courage.
David now with the assistance of Numsa’s local office attends a support group in his area.
Keep watching the Numsa News for updates on David’s Case.
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What do you think?
The union seriously needs to look at the laws, pension/ provident funds and needs to debate the following questions:
The Occupational Health and Safety Act allows companies to dismiss workers based on their incapacity due to ill health. How do we link this with the LRA that says it is an automatically unfair dismissal if you are dismissed because of your status
The Pension Fund (motor) approved the application for provident fund based on ill-health in a matter of months. How can they make such a decision given the fact that at the time the company applied his CD4 count was low. Today after treatment David is as fit as a fiddle?
The pension fund deprived David of his full benefits or the benefits his family would have gotten should he not be there the day after retirement.
Doctors and health workers still up to today, don’t counsel patients? Rolling out of anti-retrovirals is a good thing, shouldn’t counseling go hand in hand with testing and treatment?
Confidentiality in terms of the law gets broken every day. It is not surprising that people don’t want to come out and speak when we cannot even trust our own doctors and bosses.
Shopstewards, members, wake up and discuss these issues in your lunch time meetings everywhere. There could be a lot of David’s out there.