Malawi sex workers to get compensation over forced HIV tests

May 21, 2015 Felix Mponda 32 Comments

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 :
Follow us in Twitter

32 replies 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?

  3. 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!

  5. 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. 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!!.

  8. 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.

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

  14. 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.

  20. 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

  22. 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.

  23. 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

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

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

  27. 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!

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

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

  30. 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?

Comments are closed.