The Lusaka Magistrate Court has set June 15 as judgment a case in which Enviroflo Limited Director Angelique Elsing was sued by her maid for defamation of character contrary to the Laws of Zambia.
51 year old Elsing, a nurse by profession and director at Enviroflo Limited, appeared before Chief Resident Magistrate Mwaka Mikalile for allegedly telling , Rosemary Mbuzi, her maid ,that she was HIV positive.
Angelique told the court during cross examination by the defense lawyer that she did not fire Rosemary on grounds that she is HIV positive and did not at any point tell her that she was HIV positive.
She told the court that Mbuzi, who worked for her for 4 years, refused to renew her contract last year in September after it expired and that the she only got concerned about the Mbuzi’s health as she had developed lymphnods when she resumed duty from leave.
The court further heard that after Mbuzi’s husband died, his employer hinted to Elsing ‘s husband that the deceased had died from HIV related illness.
In addition, she told the court she had heard that Elsing was saying that Rosemary’s daughter was not growing well as she always slept in class.
The accused told the court that she then told her maid to go for Voluntary Testing and Counseling (VCT ) as there could be possibility of one becoming infected from an infected partner. However, Mbuzi did not go for counseling as advised by her employer.
The court also heard that when Mbuzi told her employer that she had TB (tuberclosis) last year, the accused wrote a letter to the doctor to asking if Rosemary’s TB was conten or not and got a response was that it was not.
Elsing further said after Mbuzi refused to sign forms to renew her contract she only got a phone call from a named private television station in November last year that she fired Mbuzi for being HIV positive.
During chief cross examination by the complaint, Mbuzi insisted that Elsing told her that she was HIV positive and that her daughter has also been sick.
She said her employers’ remarks has dented her image and human dignity.
Magistrate Mikalile urged the contending parties to make written submissions to the court before June 15, 2011, the date which has been set as judgment.
ZANIS
Maybe someone should tell Kunda the same too for him to sue and then be asked to take a test to ascertain what the hell is burning him alive. Did you see his airport picture seeing Kamwendo Munjila at the airport recently, the man should resign on health and “moral” grounds. Imagine what people say whenever he travels overseas representing us, they think Zambians are all drying of fimo fimo!
Is anyone else confused by this article? Are they both accusing the other of being HIV positive? What does it matter if Kunda is? If he’s treating it, then he’s fine, although it’d be nice to see a leader come out and say they were positive, it would do a lot to support people living with it.
This is rediculous. hang this employer.
Why make agreat deal about one’s HIV status. Most people that I knw have just fail victim to the scourge. U never knw. Hv you taken the test ur self b4 talking about GK? ubu ubulwele tabasekana, u never knw!!!!!
The maid should have appreciated in the first place that she had someone who was concerned about her wellbeing. In some country in East Asia the issue of HIV is non debatable. If you are found to be HIV/AIDS inffected then you lose your job right away. I have been wondering where UN is in this whole East Asian country issue!
The maid can sort out the issue out of court I am sure.
Very true. Seems to me like the employer was actually trying to help, but the maid decided to sue for money or something? either way, why should it be defamatory to state someone’s status? This just prolongs the silly ideas of stigma out there. After all, I can hardly sue someone for saying I have cancer, or anything else????
Denial is a very dangerous thing, please let us learn to accept the status in which we find ourselves and our friends. A good friend is one who let his/her friend know if they not looking good and encourage them to seek medical. Keeping quiet is not a solution, some diseases are contagious and can easily pass on to other family members. Some advice are not met to demean a person, it is about caring.Â
The employer was trying to give the maid timely advice. No stigma of any kind. This disease, the earlier you start medication the better. TB is contageous and so the employer was just trying to protect both her maid, and her family(employer). She did not fire the maid, but the maid refused to renew the contract and rushed to report to the media.
Better just KNOW your HIV status to prevent infecting others or reinfecting yourself.
I can believe is possible that HIV can be cure what a great man he have done it for me also I never believe all this comment and post about him, I was very sick, I am HIV positive over 10year,just last year I keep reading the testimony post about this man named DR.ABEGBE they said that the man is so powerful he have cured to different diseases, I keep monitor the post of some people about this man and I found out this man is real I contacted him for help because I was having such problem this man reply to my email after some hours, I inform he about my problem that I have this virus for 10year now this man said that I should not worry and I should not disappoint him, what he about to do for me now is just a gift from his gods and his father’s that I s should regard him if am cured I shou
Point of correction ba LT, what is ‘developed lymphnods’? We all have lymph nodes! They only become swollen during infections (not only HIV). Superficial lymph nodes like the ones in the neck region may in some instances be visible during long standing infections. Please do a bit of ‘goggling research’ of these terms and try to appear professional and enlightened, please! We seek quality here too! Lets stop the attitude of ‘so chabe’, ‘ififine’ etc.
# 7:
Ba Peter Ngosa, ukulanda bwino kwati ekomwali bakaamba!
Whats the facy here. HIV/AIDS is just like any other disease.
#1 you made me laugh though you are rightbwe can not have government leaders going around the world looking like that ooeple will think all zambian are walking dead- I saw kunda’s photo in the post front page the other when) was leaving I could not help it but laugh!
IIf you are not infected, you are affected….!
The way the emploer told the maid mattered most. Was it advice given or stigmatising the other? Go for a test yourself and you will stop stigmatising others
The way the emploer told the main mattered most. Was it advice given or stigmatising the other? Go for a test yourself and you will stop stigmatising others
#11 its not fasy but fuss! is your English sick too?
Most people have herpes/hiv/hpv may feel lonely and shamed. But 70 million are afflicted with STD in the U.S. alone and an estimated over 400 million worldwide. There is an exclusive community STDsMatch. com for singles and friends with STD. If you just need to find someone to talk to or need help or advice, this is the best place. Never feel lonely again!
Use Condoms bane and stop finger pointing…you could be next.
HIV positive singles face very difficult challenges when it comes to dating. They have to either date someone with HIV or disclose their HIV status. Disclosing to someone that’s HIV- is a terrifying task and finding someone else with HIV. POZmingle. com helps you Dating and Finding Love for HIV Positive Singles.
After the husband died the boss’s husband was hinted to that he had died of hiv, where is confidentiality here, all these issues about the school child honestly. I think another person should be sued here. Sad indeed and this is not something to tease someone about.
This woman should get tested for HIV and if she doesnt have it fine if she does, then why is she suing her employer?
Note: I am not supporting discrimination against HIV but this case is a little flimsy
A very lame employer.
i see so much self stigmatisation here and now the whole world knows that the maid is a suspect. well as far as i am concerned everybody is a suspect and all we need to do is take care of ourselves and those close to us. like promoting health seeking behaviours that the employer was doing and the maid denying
I want to say hello to the world at large, I am very grateful for the good deeds DR.OGODOMEN did for me, I was a HIV patient, everything went bad for me, I couldn’t do things with my friends anymore, I loosed my job, I loosed everything, I was even waiting for death itself, I went searching on the internet I saw many testimonies on how different spell casters helped people in curing their deadly diseases, I collected one spell caster’s email, which DR.OGODOMEN I emailed him and he answered me, I told him all problems, he ask me not to worry, that I will be free from the deadly disease, which I did, he casted the spell, and told me that he will send a holy water to me through courier services, I was surprised, because he did not mention it to me before, I paid for the courier delivery servi