Stanley Kingaipe and Charles Chookole joined the Zambian Air Force (ZAF) in June and July of 1989, respectively.  Between 2001 and 2002, both underwent compulsory medical exams without being informed they were being tested for HIV.  The men tested positive for HIV and were prescribed antiretroviral drugs (ARVs).  However, according to their testimoney they were neither informed of their HIV-positive status, nor advised on the nature of the prescribed drugs.  They were ultimately discharged in October 2002. 

Both Kingaipe and Chookole sued the ZAF alleging violations of their constitutional rights to be free from cruel, inhuman and degrading treatment, liberty, privacy, life and free from discrimination for subjecting them to mandatory HIV testing, placing them on treatment without their knowledge, and dismissing them soley due to their HIV status.

The High Court found that both of the petitioners were subjected to HIV testing without their informed consent, which violated their rights to privacy and to be free from inhuman and degrading treatment, and that they were entitled to damages.  Although the petitioners were not counselled prior to testing, the Court found it improbable that the ARVs were administered without counselling.  Upon review of the medical history of both petitioners and the effect of their health on their ability to work, the Court concluded that the ZAF’s discharge was based on the medical condition of the petitioners and not their HIV status.

SALC worked with the Legal Resources Foundation of Zambia and the Zambian AIDS Law, Research  and Advocacy Network in the legal case as well as the advocacy around the case.

Print ZAF High Court judgment.pdf