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HIV+ dancer sent back to SA
18/01/2008 12:11 - (SA)
Verashni Pillay
Johannesburg - An HIV-positive dancer for the celebrated African Footprint show was sent back home from America for having a "communicable disease," the show's producer told News24 on Friday.
The dancer was on his way back to SA, after the American/Canadian promoters of the show consulted a top New York lawyer, who advised he be sent back immediately.
The young man, whom African Footprint producer Richard Loring declined to name, was prevented from performing in South Africa's longest running show because of a US law that prevents people with a communicable disease from obtaining entry into the country. The show is currently performing in Alaska,
'Learned that day'
"About an hour before the plane took off (from Johannesburg) on Thursday evening last week he disclosed to us that he had learnt that day that he was HIV-positive," explained Loring, the award-winning creator of the popular show, seen by more than 250 million people all over the world.
Loring denied allegations in the media that management had learnt of the man's status without his consent.
He said the dancer had told management of his own volition. "My co-manager, Debbie Batzofin, took him aside and very discreetly asked him what he wanted to do," said Loring.
The dancer wanted to carry on with the show, and after consulting two senior dancers, it was agreed that he should continue on to the US.
A concern for management and the cast was the physical nature of the dance. "It's a very intense, hard show. You can injure yourself on stage," said Loring. "They use sticks and sometimes hands and legs get cut, sometimes they sustain an injury on stage."
The dancer, who was with the company for about eight months, told certain members of the cast, after which the news spread.
Transgressing the law
The plan was to have an open discussion with the cast and reach a consensus with the dancer as to what was best for everyone.
However, the American/Canadian management of the show found out and consulted a lawyer who advised that the dancer be sent home immediately, as he and the company were transgressing the law.
"The laws of America are much stricter and very different to South Africa," said Loring.
The lawyer said in a letter that the dancer "who is HIV/Aids positive is amongst the class of persons legally barred (inadmissable) to the United States due to the fact that they had a communicable disease and posed a public health risk."
The dancer was obliged to reveal the information in applying for a visa to the US.
According to South African law, no persons are under obligation to reveal their HIV/Aids status.
The South African labour law prohibits an employer from dismissing a person because he or she has HIV/Aids.
Full wages
Loring said the dancer had not been dismissed and it was agreed he would receive his full wages for the seven-week show. The company would also arrange counselling for him if he required it.
The company has no policy on HIV/Aids. "Our policy for the past eight years is: if you have a problem that needs to be addressed come to us and we will try and help you," said Loring.
He said when the cast returned home, the company would call in an Aids counsellor to discuss how to deal with similar situations in future.
"We treat the cast as if they are members of a very big family," said Loring. "It has been a heart-wrenching time."
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