This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.

You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/world/africa/8292320.stm

The article has changed 3 times. There is an RSS feed of changes available.

Version 1 Version 2
Test case for Zambia HIV policy Courts test Zambia's HIV policy
(about 10 hours later)
Two officers sacked from the Zambian Air Force have sued their former employer for testing and treating them for HIV without their knowledge. Two ex-officers in Zambia's air force are suing the military, saying they were tested and treated for HIV without their knowledge.
Stanley Kingaipe and Charles Chookole claim they were later told they were medically unfit and dismissed. Stanley Kingaipe and Charles Chookole claim they were dismissed for being HIV positive - claims the air force denies.
Mandatory HIV screening is not legal in the military, and the government denies the two men were tested.
Their appearance at Livingstone's High Court is being viewed as a test case regarding mandatory testing for HIV.Their appearance at Livingstone's High Court is being viewed as a test case regarding mandatory testing for HIV.
It is a contentious issue in Zambia but the country's health minister and some doctors have defended the practice. The BBC's Jo Fidgen in Lusaka says the issue is contentious in Zambia - with human rights lawyers opposing the practice as an invasion of privacy, but the health minister and some doctors speaking out in favour.
'Routine check-ups'
The two men are seeking reinstatement and damages for mental and emotional anguish.The two men are seeking reinstatement and damages for mental and emotional anguish.
'Routine check-up' Both were put through medical tests in 2001 that they believed were routine check-ups, after which they were put on medication.
Both joined the Zambian Air Force (ZAF) in 1989 at the age of 21. They were sacked in October 2002. Much later, both men volunteered to be tested for HIV and claim it was only then that they were told that the drugs they had been taking were anti-retrovirals.
When they were ordered by the ZAF to take medical tests in 2001, they believed it was a routine check-up. In their legal case they claim they were not given counselling or told about the importance of the drugs they had been given.
Both were then put on medication. I did not come before them on a stretcher Charles Chookole
They claim it was only when they went voluntarily to be tested for HIV -months later in one case, years later in the other - that they discovered the drugs they had been taking were anti-retrovirals. In court documents, the Zambian government denies the men were tested for HIV.
They had assumed the medication was for other illnesses. In their legal case they claimed neither was given counselling or told about the importance of the drugs they had been given. The papers say the men were discharged because Mr Kingaipe had cancer while Mr Chookole had developed tuberculosis.
They believe they were discharged from the armed services because of their HIV-positive status. However, the air force is expected to contest this.
I did not come before them in a stretcher Charles Chookole
Court documents show that the Zambian government has denied the men were tested for HIV.
It said the men were discharged because Mr Kingaipe had a type of cancer while Mr Chookole had developed tuberculosis.
Last month Mr Chookole, 41, told the Washington Post he had been unable to find work since his dismissal.Last month Mr Chookole, 41, told the Washington Post he had been unable to find work since his dismissal.
He said: "I was confused. He said: "I was confused. Somebody is telling you you are unfit. But I was dressed in full uniform.
"Somebody is telling you you are unfit. But I was dressed in full uniform.
"I did not come before them on a stretcher.""I did not come before them on a stretcher."
Human rights lawyers are hoping the case will clarify the legality of mandatory testing for HIV. Human rights lawyers - who oppose mandatory testing - are hoping the case will clarify the legality of the practice.
The BBC's Jo Fidgen in Lusaka said that many opposed the practice as an invasion of privacy. Health Minister Kapembwa Simbao and some doctors have spoken in favour.
But the country's Health Minister, Kapembwa Simbao, and some doctors have spoken in favour, and said that, in a country where 15% of the population were thought to be HIV-positive, too few people were coming forward to be tested. They argue that 15% of the population are thought to be HIV-positive too few people are volunteering to be tested.