The South African Human Rights Commission (SAHRC)  is concerned about the possibility that rape suspects will be forced to undergo compulsory HIV tests.

It follows a recent media release by the South African Police Services in Limpopo that rape suspects will face compulsory HIV testing. The move was apparently triggered by the anger following the arrest of an alleged serial rapist in Thohoyandou a fortnight ago.

In a statement, the SAHRC says that the mandatory HIV tests infringe on the possible suspect's rights. “We believe that the envisaged mandatory HIV testing of suspects by the police in Limpopo will not stand the test of the courts,” said the spokesperson for the SAHRC, Mr Isaac Mangena.

“The rights of both the victim and the accused person must be protected and respected at all times,” Mangena added.

Mangana says that although the SAHRC remains deeply concerned about the unacceptable increase of incidents of rape and gender-based violence that have gripped the country in recent days, the commission believes the police should be reminded of the fundamental rights afforded to all individuals in the Constitution, including the presumption-of-innocence principle.

“We insist that serious action should be taken against those convicted of rape, but wish to caution against any action that may result in human rights violations,” says Mangena.