Malawi sex workers to get compensation over forced HIV tests

Malawi High Court has ruled that 11 prostitutes who were forced to take HIV tests by police six years ago will be awarded damages, a court official said Thursday citing a judgement.

Sex workers

Sex workers

The sex workers were rounded up in 2009 in the southern city of Mwanza, hauled to a government hospital for HIV testing without their consent and the results were disclosed in an open court.

High court judge Dorothy Kamanga ordered that the prostitutes “should be compensated and file for compensation within 14 days,” according to the ruling handed down on Wednesday and read out to AFP by a court clerk.

The judge said actions by both police and health workers in subjecting the women to forced HIV tests, and disclosing their status without their consent, were “irrational, unjust, unfair and unreasonable.”

“The authorities took advantage of the women being in police custody to force them to undergo the tests,” she said.

The sex workers, who all tested positive for HIV and were set free after paying a fine equivalent to $7, sued the government for unfair action and violation of their privacy.

Chrispine Sibande, a lawyer who represented the plaintiffs, hailed the ruling as “a victory for sex workers who are usually abused every day.”

The group will have to launch a separate court action to claim the damages.

Health experts estimate that there are around 20,000 sex workers in Malawi.

Up to 10 percent of Malawi’s 15 million people are HIV-positive and 500,000 of them are receiving free life-saving anti-retroviral drugs.–AFP

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From Nyasatimes

More From the World

32 thoughts on “Malawi sex workers to get compensation over forced HIV tests”

  1. As acorcened malawian,I hav com up with “atopic” that should be discussed in general assembly.mukuona bwanji ma sexwokers atamapereka ma “cashsell” after kupanganawo busness?

  2. FECDO says:

    Musova

  3. The Binoculars says:

    Agony goes to the men who slept(fucked)with these prostitutes”LIVE WIRE”without an insulation(condoms).The fact is that they all tested positive-that in itself is bad news ku amene ananyengako azimai amenewa.Let these prostitutes get compensated ;and leave some investment for their bastards whom they sired from playing around with various “genitals”-small,stout,huge and very long(both circumcised and uncircumcised)ones.Ati kukonda mbolo!

  4. Apatseni koma adzigula ma ARV .a Police well done ,ngati wonse anali positive 00000000 goooshiii

  5. Kaya says:

    Kaya mukuziti ndinu mashasha inu kuchi..a mahule muli akudziweni kuti ndinu madolo. Edzi ilibe udolo. Zip up please. Hule wodziwiratu kuti alinayo amanamizira chikondi kuti mumuchi..e boilo. Kufa kulipo.

  6. Boyd Kilembey says:

    This is a good judgement. There are also more whores in offices than on the streets. I would rather go for a street prostitute(because I know the risks) than these office prostitutes. My take is that office prostitutes are causing more deaths than these street prostitutes, because after a while you start doing it ” plain”. Akuti sweet sudyela mu packet…zopusa basi!!.

  7. Bongo says:

    kodi nchifukwa chiyani mahule ambieri amakhala opanda mano…..

  8. Tengupenya says:

    Not so fast. Rights are forfeitable when the life of others is at risk. The state should appeal against this judgement on the point of its duty to protect public order and public health. As sex workers, these HIV+ women were a public health hazard. The public has the right to know the sex-worker’s HIV status. HIV testing for sex workers is absolutely necessary. On the doctrine of necessity, the state should appeal against this judgement. There should also be a counter-claim for damages from the client who got services from these sex workers. If they have infected anyone, then there is also a criminal assault against the sex workers.

  9. I support mandatory hiv text on them. They go out prostituting afta knowing their status. What about the ppo they’ve infected.

  10. chidale says:

    Inu kazipangani za ma hulezo ife tidye mkazi wanu basi. Pasavute

  11. FUZZO says:

    Eeeeeee kufa kulipo….osewa +? Eish..

  12. mbola basi says:

    Pano ndi wafa wafa.Wambewu palibe.Paja anzathu akumwera mumachita kumwera gondolosi ndi mikupukupu kuti mumayidziwa ntchito ndi zimenezo.

  13. Denguzman. says:

    Ndikunena ndi iwe hule umasiya akazi ako ali chete kunyumba unkanapita kumakashangandala ndi ng?ona izi zoyenda yenda. Usamale ukaputsa 2019 siuzavota nawo so beware of these mikuyuz. If all eleven hulez were all positive then Mwanza is a deadly district. LOVE YOUR LIFE DON’T BE SELFISH COZ AIDS IS REAL SO KUPEWA NDI CHIDA CHOKHACHO CHOPEWERA HIV-AIDS.

  14. Ntepere 2by2 says:

    Ntchito zanu zimaonekera poyera ,thanks.Yesu amakukondani kwambiri,come to Him

  15. Tili Chenene says:

    This carelessness of highest order by our men in uniform.

  16. Muhammad says:

    awalipire basi chifukwa iwo savulira aliyense koma yekhayo amene wafuna

  17. Kawonga says:

    That Lawyer mwina wapezeko ma benefits nayenso, guys titseke ma zeep basi

  18. ma rights ena ndiosathandiza. apolisi akumwanza anapanga zopusanso pamenepa. amapangiranji? ndiye poti nthawi zonse boma likasumiridwa silimawina, apatseni ndalamazo.

  19. Chimalilo says:

    zilango zotere zisamangopita kwa okhawo apolice komanso onse onyoza ndikuseka komanso kuwulula kwa ena kuti ali ndi HIV . kwa amalawi ena mumawona ngati vutoli ndi la awo koma siku lina zizagwela mnyumba mwanu

  20. mahule ndiye apambana mpakana kulandi chiongola manja kkkkkkkk with a Malawi

  21. Moya says:

    This is a landmark ruling in terms of violation of rights. Government and institutions have violated peoples’ rights for long especially the vulnerable. This is the time it stops. I believe this may poke the hornets nest and a swarm may be coming.

    For those against the ruling, how will you feel if you found the govt health officials accompanied by armed police at your door step demanding you get tested? Testing is voluntary and govt can only promote it. You might be surprised that there are more of use “the innocent” that are HIV positive than the sex workers”.

    This brings the outstanding issue where govt has been asked to regularise the business because it will be easy to regulate and even get taxes from it.

    Well done judiciary.

  22. chaiwone wawo says:

    THE JUDGEMENT IS NOT PROMOTING PROSTITUTION. IT IS ALL ABOUT A COMPULSORY HIV TESTING. IT IS ILLEGAL WHETHER DONE ON PROSTITUTES OR ANYBODY ELSE. THE COURTS HAVE DONE A GOOD JOB IN THIS JUDGEMENT. THE COMPENSATION IF GIVEN WILL BE IN ORDER, NOTHING WRONG AT ALL. IT WAS THE STATE ORGANS (POLICE AND HEALTH WORKERS) THAT WERE WRONG. THE STATISTICS HOWEVER IS VERY SHOCKING. YOU CATCH 11 PROSTITUTES AND ALL TEST POSITIVE. BEWARE THOSE WHO PATRONIZE PROSTITUTES. SADLY EVEN NON PATRONIZERS WILL DIRECTLY BE AFFECTED. YOU KNOW HOW THE SEX WEB IS LIKE

  23. Reasonable Man says:

    This is a good judgment. Zi ma HIV test sizomapangana force. After all, kuchinda or kuchinditsa boilo is your own choice, unless ili rape.

  24. MELINDA says:

    paja fodya wayamba kugudwa,malisechenso a anthu osapita patali ndi sukulu agudwenso.Mulungu akukanthani azimayi a BOKO HARAM,mukutithetsera mabanja apa tchalichi

  25. luciuno botoman says:

    Alipeni mahulewo koma kakhalekomaliza kupanga mistake imeneyo

  26. Okay? says:

    ma sex workers onse atayezedwa adaezekanako kachibunguka. There about 20000 sex (official) in Malawi. There are double or thrice that number unofficially. How many times does a single sex worker slip with men (not man) everyday? Kufa kulipo!

  27. CHIMANGENI says:

    APA NDIYE KUMPATSA HULE MPHAMVU.ONSEWA HIV POSITIVE KUFA KULIPO BASI!!!!!!!!!!!!!!!!

  28. Truth says:

    Kugawa edzi bomanso nkukulipila pokuthokoza kuti waonjezera umasiye pa Malawi. Ma rights enawa abaleeee

  29. Boko harram says:

    Eish all of them positive so they are not taking arv from health department ? Why gorvment pay another compazation when already spent lot of money to buy arv? Why?

  30. MELINDA says:

    eeeeeeeeeeee! koma ulendo ulipo koma ma depoti onyamukira kusiyana.kikikikikik

  31. mphini za mutchafu says:

    This a careless and dangerous judgement govt should appeal

Comments are closed.