August 2006
ZAF Discharge Officers Over Their HIV Status
By Madube Pasi Siyauya
TWO former Zambia Air Force (ZAF) officers in Livingstone have asked the Legal Resources Foundation (LRF) to assist them sue their former employers for allegedly dismissing them because of their HIV status.
The duo were discharged on medical grounds in October 2002.
They alleged to LRF paralegal Enerst Mukelebai that they were discharged from ZAF after they were allegedly found to be HIV positive and were put on ARV's without their knowledge.
One of the former employees said he worked for ZAF from 1989 until 1994 when his right leg started swelling. He said a medical board was convened in 1999 and in 2001 he under went medical review.
During his medical examination at the Camp clinic, blood samples were collected from him. He said he was not told what kind of test was done and the results.
“For all I know, I was put on a new drug. I took the drug for one month then I took the trouble to read the leaflet which was in the pack of the medicine. It was at this time that I discovered that I was put on ARV's”, he said.
On the other hand, the other former employee alleged that in 2001 a medical board was convened were he was called for a medical examination and a blood test was done on him.
Similarly he was not told what test it was and was not availed the results, but he was put on medication. He said he took the medication for two months and stopped. In October 2002 he was discharged from the ZAF.
“I took the trouble of going for voluntary counseling and testing where I discovered that I was HIV positive. I went to the Camp clinic to tell them my status. They told me that the doctor already knew my HIV status that is why I was given the medication I took for two months,” he said.
He said he was saddened that ZAF did an HIV test on him and hid the results from him.
The duo sought the assistance of ZARAN which wrote to ZAF.
ZAF has not responded to the letters. ZARAN advised them to take legal action against ZAF.
When contacted for a comment, ZAF Public Relations Officer Colonel Chisanga referred the matter to the Legal Council who in a telephone interview said he could not give any comment concerning the issue as it was a medical issue. The Legal Council said it would be better to go to court than to publish the story and that if this story would be published he would sue LRF. When told that the interest was that these people were alleging that they were discharged due to their HIV statues, and they were willing to be published he said “what publishing?, you observe your ethics and seek your lawyer’s advise on the matter because we have the right to take you to court” he said .The Legal Council said it was not right to discuss someone's medical issue in the press. But LRF lawyer Paul Mulenga said the power of consent to publish someone’s medical history is vested in an individual and not a third part. Mulenga said as long as the affected individual consented that the information be published, no third person can sue on his behalf. Mulenga is studying the matter.