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 the World

newest oldest most voted
Notify of
Young masamba

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?



The Binoculars

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!


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


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.

Boyd Kilembey

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!!.


kodi nchifukwa chiyani mahule ambieri amakhala opanda mano…..

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… Read more »
True malawian

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


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

More From Nyasatimes