Zambia in historic HIV test case
The Livingstone High Court has adjourned a case in which two former Zambia Air force Officers have sued the Attorney General for alleged unlawful dismissal due to their being HIV-positive status. The case, the first ever in Zambia to determine whether discrimination by the military on the basis of HIV violates the Constitution came up for trial before High Court Judge Elizabeth Muyovwe.
Stainley Kingaipe 40 and Charles Chookole 41 both of Maramba Township in Livingstone are seeking reinstatement, damages for the mental and emotional anguish caused by the dismissal.
Justice Muyovwe adjourned the case to July 15 and 16, 2009.
Particulars of the case are that Kingaipe and Chookole who worked for ZAF for over 13 years where subjected to mandatory testing for HIV and given anti-retroviral treatment without their knowledge.
In October 2001, without their knowledge and participation a medical board reviewed their medical records and declared them permanently unfit for service.
However, Kingaipe and Chookole continued working for ZAF for a full year after the board’s decision, performing well in their duties with one of them being promoted and neither of them taking a sick day off.
The two were both dismissed in October 2002.
Kingaipe and Chookole are being represented by the Legal Resources Foundation of Zambia.
Meanwhile, scores of Persons Living with HIV and AIDS at the Livingstone High Court wore HIV T-shirts in solidarity with the two dismissed former Zambia Air force officers.
Network of Zambian People Living with HIV and AIDS Livingstone Co-ordinator Loyd Nkumbula said many cases in Zambia have NOT been reported over those discriminated or dismissed at work.
