Genevieve Serra|Published
A City of Cape Town employee has been granted R1 500 bail after allegedly assaulting his partner twice in Lower Crossroads, following a dispute over antiretroviral medication found at his home.
The Wynberg Magistrate’s Court heard that the man allegedly assaulted the woman again after she threatened to apply for a protection order. He cannot be named.
The State told the court that the woman had found antiretroviral therapy (ART) medication at the accused’s home in Lower Crossroads. She allegedly questioned him about why he had not disclosed his HIV status to her, after which he allegedly assaulted her.
The court heard that the violence continued the following day, when he allegedly punched her repeatedly in the face.
“She was beaten first in her face when she told him that she was going to obtain a protection order,” the State said.
Municipality unaware of the allegations
The prosecutor confirmed that the accused worked for the City of Cape Town.
City spokesperson Luthando Tyhalibongo said the municipality was unaware of the allegations and charges.
In an affidavit supporting his bail application, the accused said he was unwell and had not received his antiretroviral medication while in custody. He told the court that he had been detained since 26 September 2026 and needed access to his treatment.
He also said he was the breadwinner for 11 dependants, including elderly relatives, and feared losing his permanent job at the Klipfontein Cleansing/Solid Waste depot. He said he had a minor child and could afford R1 000 bail, with a relative ready to pay.
The State did not oppose his release. The magistrate granted bail of R1 500 and ordered him to live at the alternative address he had provided in Strand. He was also instructed not to contact the complainant and to remain at the address given to police and the State.
Violence in intimate relationships
Siya Monakali of Ilitha Labantu, an organisation that supports the rights of women and children, said the allegations highlighted the danger of violence in intimate relationships.
“There is absolutely no justification for assaulting or inflicting physical harm on a partner,” Monakali said.
He added that women had the right to make informed decisions about their bodies and sexual health without fear of intimidation or violence.
South Africa’s Constitution protects the right to privacy, including personal medical information. HIV status is considered private health information, and the law protects people against unfair discrimination based on their status.
Monakali said not disclosing one’s HIV status is not, in itself, a criminal offence. However, cases involving alleged intentional exposure to or transmission of HIV may raise separate legal questions, depending on the circumstances.
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