March 2007
Ex-Lecturer Sues Nkumbi College Over HIV Status
By Madube Pasi Siyauya
A LECTURE at Nkumbi International College in Mkushi has sued the college for allegedly terminating his contract because of his HIV status. Alfred Simpasa has sued the college as the first dependant, the management board as the second defendant and the Attorney General as the third defendant.According to the statement of claim filed in the Kabwe High Court, Simpasa claimed that on December 23, 2005 while he was on duty he had a stroke and went on three-month sick leave until March 2006.Simpasa claimed that he was certified fit by the doctors although he was still feeling unwell.He was advised to take an HIV test which he did and was positive. Simpasa claimed that he informed the college principle a Mr Muntanga about his status. He alleged that after he informed the principle, he (the principle) allegedly organised a student protest against him demanding that he resigns from his position as he was unhealthy. Simpasa claimed that based on his HIV status, Muntanga wrote a letter on June 19, 2006 informing him that his contract had been terminated with immediate effect.
Simpasa's lawyer Tutwa Ngulube of Legal Resources Chambers said his client would affirm during trial that his termination of employment was unlawful and unfair.
He said the fact that the college failed to give his client adequate notice prior to the termination was a breach of the employment contract.
Ngulube said his client's dismissal was also discriminatory because it was allegedly based on his HIV status. Simpasa is claiming damages for discrimination based on his HIV status, damages for loss of employment, breach of contract, damages for mental anguish, distress torture and vexation, exemplary damages and any other damages the court will deem fit.