Zambian Court Hears Historic Case of Mandatory HIV Testing and Discrimination

For three days starting November 17, 2009, the High Court in Livingstone, Zambia heard a case involving the mandatory HIV testing and dismissal of two former employees of the Zambian Air Force. The Southern Africa Litigation Centre—a grantee of OSI’s Public Health Program and the Open Society Initiative for Southern Africa—and the Legal Resources Foundation are supporting the employees in this case. 

The primary question in the case is whether the two men were tested for HIV without their consent and subsequently dismissed due to their HIV status. The Zambian Air Force denied ever testing the two men and claimed the men were dismissed because they were found to be permanently medically unfit for all forms of duty. However, at trial, the force’s medical doctor conceded that he indeed did subject all “ill employees” to a mandatory HIV test, but claimed that they all received pre- and post-test counseling as well as counseling regarding treatment. An independent medical expert who had examined the two men testified that the men were in current good health.

A ruling in this case could have broader implications for the rights of all people living with HIV in Zambia. One of the central legal questions before the court is whether the Zambian Constitution protects individuals from all forms of discrimination on the basis of HIV status.

A decision is expected in early 2010.