Liability for the Wrongful Transmission of Communicable Diseases in South African Prisons: What about HIV?

Abstract

Much has been written about prison conditions in South Africa. Overcrowding, violence, poor sanitation and inadequate access to health care are the order of the day in most prisons. These conditions provide the ideal setting for the spread of disease. In the words of Anton van Niekerk: ‘Viral diseases, as we know, do not all become epidemics. To become an epidemic, a niche or social context is required’.