Tuesday, March 19, 2024

Mandatory HIV testing case fails to take off

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The HIV case involving two former Zambia Air Force (ZAF) employees who were subjected to mandatory testing for HIV without their knowledge and dismissed due to their HIV status failed to take off at Livingstone High Court today.

This was because the state’s lawyer was not there resulting in the case being adjourned to July the 15, 2009.

The case involving Stanley Kingaipe and Charles Chookole both residing in Maramba township in Livingstone are seeking reinstatement and damages for mental and emotional anguish.

Kingaipe and Chookole were allegedly subjected to an HIV test without their consent and given anti-retro-viral treatment without their knowledge in 2001.

And in October 2001, without their knowledge and participation, a medical Board reviewed their medical records and declared them permanently unfit for service but continued to work at the ZAF for a full year after the Board’s decision.

And some people living with HIV/AIDS who came to the Livingstone High court premise area were geared to hear the court proceeding in support of their colleagues.

Lloyd Bwalya, Livingstone District Coordinator of the Zambian People living with HIV/AIDS said he wanted to witness the court proceedings as a way of giving support to his colleagues.

Mr. Bwalya said HIV patients should not be discriminated and stigmatized because of their status.

ZANIS

18 COMMENTS

  1. It’s unethical, sad & most important a disgrace on the part of ZAF. This is why stigma is increasing because of moves like this. It’s shame. I don’t know why they don’t dismiss staff diagnosed with cancer or diabetes.

  2. unethical,discriminatory and extremely stressful without counselling (on the part of the the ex-zaf officer) why allow them to work for an extra year if they were not fit ?

  3. Y subject pipo to these type of punishment? Even if u ar the Army every human being has got rights. Mandatory Hiv testing in Zambia? since wen?

  4. I feel really sorry for those two. They are clearly victims of discrimination & stigma. I hope someone from Amnesty International gets to read about this and does something about it, since even their lawyer doesn’t seem to be supportive.

  5. Time these2 victims found another credible lawyer..According to one blogger on the previous thread who mentioned that all ZAF employees are screened periodically according to ZAF ‘regulations/rules, time these two victims approached WHO for this case.If that is the case and true, then there is something very wrong with the whole ZAF system. This is all wrong…
    You mean all ZAF empolyees are HIV/AIDS free??? and there is none who is HIV/AIDS +ve in the whole ZAF?? This is one of the first institution in the global village with its’ own ‘regulations/rules and one of its kind indeed…(according to my limited knowledge)
    To be ‘fired’ over ones HIV/AIDS status is ‘gross discrimination’..
    This news is disappointing to say the least…
    The fight must go on…

  6. What happened to HIV/AIDS Workplace Programs? This is embarrassing for me as a researcher and activist in this field. People have rights and dismissing them from work is as stigmatizing and discriminatory as cropping them.

    I’ll wait and watch this blog

  7. This cannot, and must not be allowed in this day and age. Why is it tht when everyone is going forward, some of our institutions want to go backwards? This is so primitive! Those two should not only be properly comensated, but the people responsible for this reidiculous injustice must be traced and themselves fired pronto! Dont stigmatize people like this. ZAF is a public insitution. Indeed, are you telling us there is not a single person who is HIV-positive in the ZAF?

  8. Being the Airforce maybe it was done as part of the requirements.But people must consent otherwise it is an infringement of their rights.HIV + people lead a fairly normal life just like those with high blood pressure or diabetes.It is,in my opinion,only when one develops full blown AIDS that their health suffers.There are so many illnesses in the world today and to single out one for sacking people is not only unfair but also degrading.Someone needs to show them a pic of Magic Johnson…maybe they will exercise some sense.

  9. The doctors or paramedical staff who drew these people’s blood and sent for HIV testing without consent should be reported to the medical council for censure. Medical staff who ‘follow orders’ in order to inflict pain and suffering on people should be struck off. This includes doctors who are complicit to torture.

  10. Its mandatory to have the hiv testing before geting into the defence force. But it should not be madatory to have a testing after one has become an officer. This is sad, and traumatic to those individual who have had to go through this. people should not be discriminated for the hiv status. They still remain productive for the institution they are working for and for the nation.

  11. Fellow bloggers dont be mislead by these patients, a Medical Board as impowered by Cap 131 of the LOZ has the right to assess military personnel mdeically and if found unfit it can recommend for their ‘retirement on medical grounds’ and not ‘dismissal’ as they want to put it. When retired on med grounds one even goes out with more money than he would have on normal retirement. Other than that, a medical board’s proceedings are signed by the SUBJECT, in this case the two patients, as consent to the board’s recommendations. The board also provides for review later of such people and if they are found fit, they MAY be reinstated. Its simple and I wonder why these patients are rushing to courts etc when their matter is straight forward.

  12. Slaughtering issues! .these two guys really slaughtered women in Livingstone. Lets understand that this is a military not Ministry of Heath Kapitolos. Only fit men are allowed to be on active duty, don’t be mislead these guys even signed their early retirement on medical grounds, thats the reason their lawyer is relactant he knows the result already.

  13. I feel ,these guys are just lying.Well, they could have been tested without their permission could be true but to say they started ARVs without knowing is a big lie.Assume these guys dont know how to read,why didnt they ask why they are swallowing tablets for prolonged periods of time.
    These baggars are just malingerers believe me you.They just want to be getting salaries without working.

  14. After reading #13 ZAF pilot’s contribution, I’m now beginning to look at the case in a different way. There probably is more to the story than bloggers can see/read. I will wait and see what it all comes down to.

  15. Shame on ZAF! The people responsible in ZAF, if still with the Air force cicles should be fired and the victims compensated big time, period!

  16. There are some pipo who think ZAF is their personal property and can trump on other officers human rights. You can’t subject someone to HIV test without his/her consent. Its very dehuminising and hurting. Thise who sat on the medical board should be fired and the two victimised officers should be reinstated first and secondly be retired with full benefits coz if the continue in employment with ZAF they will continue being stigmatized or harrassed by the superior officers. This should serve to Army, ZNS, ZP etc that these are national institutions which belong to Zambians and such must operate within the law of the land. There are a lot of our officers who are HIV positive and serving deligently mother Zambia. No wonder most of these gentlemen are ending up in jails cos too much of selves.

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