This study focuses on the right to privacy in the workplace, specifically employees' expectations of electronic privacy where personal information is processed. The main aim of this dissertation is to establish whether, given advantages in technology, South African laws offers adequate protection for employees when their electronic information is being processed. The study analyses South African law as it relates to the privacy of employees during the processing of their personal information in the workplace.This is examined within the parameters of the constitutional and legislative framework with due regard to the common-law right to privacy. The legal issues are examined from a South African context and is compared with data protection laws and regulations of the United Kingdom. It also offers recommendations based on experience gained in the United Kingdom. / Private Law / LL. M.

People living with HIV/AIDS have the right to be employed as long as they are physically fit to do the work. The unfortunate situation now is that in many South African workplaces employees who disclose their HIV/AIDS status or who are suspected of living with the disease face backlashes from fellow employees and sometimes even from employers. No one should be discriminated against or be prevented from being employed or dismissed from employment purely on the basis of having HIV or AIDS. Any form of discrimination against employees living with HIV/AIDS constitutes a violation of their constitutional rights to among others human dignity, equality and fair labour practices. Discrimination may take the form of pre-employment HIV testing or a dismissal due to HIV positive status. This research looks at the protection given to employees living with HIV/AIDS in the South African workplaces and whether the protection is adequate or not. / Mercantile Law / LL. M.

Kenyan labour laws inadequately protect HIV positive worker. The Constitution of Kenya, 1963, does not prohibit stereotypical attitudes adverse to HIV positive workers and discrimination on the basis of health status. It does not provide for the right to employment, health and health care services, and fails to delimit privacy and dignity rights. Under the Industrial Property Act, 2001, the basis for Government exploitation of patent through compulsory licensing is whimsical and parallel importing is not envisaged. Employers unilaterally draft employment contracts notwithstanding their unequal power relations to employees. The HIV and AIDS Tribunal institutionalises discrimination against HIV positive workers on the basis of the ambiguous ‘inherent job requirements.’ Plausible international labour laws and practices have no place in Kenya unless they are domesticated. SUMMARY This thesis interrogates the Kenyan labour laws and policies to identify their inefficiencies and suggest recommendations for reform. It commences with an analysis of the topical issues associated with the HIV positive worker. It then examines the extent of prevalence and ramifications of HIV/AIDS in Kenya. Subsequently, it studies the efforts made at the international and domestic arena in protecting the HIV positive worker. A comparative analysis is made of the laws protecting the HIV positive worker in a number of countries, namely, South Africa, United States of America and Australia. The thesis draws conclusions and recommends measures on how best to protect the Kenyan HIV positive worker. The labour laws should be amended to prohibit discrimination on the basis of health status, provide for right to affordable medication and work, allow negotiation of employment contracts, list international laws that Kenya ratifies without reservation as a source of law and delimit the concept of ‘inherent requirements of a job.’ The public should be sensitised to embrace HIV positive workers. Once the new Constitution is enacted, it should list socio-economic rights as fundamental rights and reform the office of the ombudsman to deal with complaints against private employers. / (LL.D.)

The study aim to investigate perceptions of military personnel with regard to HIV/AIDS in the SANDF in some military Units of Bloemfontein. The military personnel includes all males and females whose ages range between 19 - 47 years, were included in the sample. The approach utilised were both qualitative and quantitative. The data collection technique were: Closed and open-ended questionnaires were distributed to 548 respondents. ~ Participant observation. ~ Review of documents. • Unstructured observations. .. Unstructured interviews. This different data collection techniques to gather valid and reliable information with regard to HN/AJDS in the SANDF were triangulated. The findings revealed poor perception with regard to HIV/AIDS in the workplace, health education, lack of privacy, and discrimination on the benefit of HIV/AIDS. The recommendations of this project deals with aspects which include HIV/AIDS education, inclusion of HIV/AIDS in all military courses, distribution of policy on HIVIAIDS to all military personnel, and involvement in HIV/AIDS awareness. / Health Studies / M. Cur. (Health Studies)

The study aim to investigate perceptions of military personnel with regard to HIV/AIDS in the SANDF in some military Units of Bloemfontein. The military personnel includes all males and females whose ages range between 19 - 47 years, were included in the sample. The approach utilised were both qualitative and quantitative. The data collection technique were: Closed and open-ended questionnaires were distributed to 548 respondents. ~ Participant observation. ~ Review of documents. • Unstructured observations. .. Unstructured interviews. This different data collection techniques to gather valid and reliable information with regard to HN/AJDS in the SANDF were triangulated. The findings revealed poor perception with regard to HIV/AIDS in the workplace, health education, lack of privacy, and discrimination on the benefit of HIV/AIDS. The recommendations of this project deals with aspects which include HIV/AIDS education, inclusion of HIV/AIDS in all military courses, distribution of policy on HIVIAIDS to all military personnel, and involvement in HIV/AIDS awareness. / Health Studies / M. Cur. (Health Studies)