Home » Court Stories » HIGH COURT RESERVES JUDGMENT ON ARVS CASE

courtGaborone High Court Judge Bengbame Sechele has reserved judgement in a case in which government is opposing a default judgement he passed in February this year.

State legal representatives failed to appear in court to argue their case against a judgement which ordered government to provide foreign inmates with free ARVs.

Government made an urgent application asking to be given a chance to argue the merits of its case.

Two Zimbabwean prisoners, Dickson Tapela and Mbuso Piye who are HIV Positive assisted by Botswana Network on Ethics, Law and HIV/AIDS (BONELA) had approached the courts and sued the government for refusing to provide them with free ARVs while providing them at no cost to its citizens.

BONELA had argued through Advocate Gilbert Marcus that by denying foreign inmates the treatment, the government was violating their constitutional right to equality, dignity and non-discrimination.

BONELA also accused the government of adopting a contradictory stance as it refused to provide foreign inmates with ARVs, but continued to give them free treatment of opportunistic diseases like tuberculosis and pneumonia.

Opposing the availing of ARVs to the foreigners Principal Counsel for the state David Moloise told the court that the refusal is in public interest.

He argued that government could not afford to provide such treatment to foreigners. He dismissed claims that by doing so government is depriving the applicants their right to live.

The judgment would be delivered on date yet to be communicated.

 

 


One Response to “HIGH COURT RESERVES JUDGMENT ON ARVS CASE”

  1. nkomo 2014/06/17

    Nnyaa bathong busetsang batho bao ko ga bone,ba e go nwa di arv tseo kwaabo,jaanong ba rona ka kwano go raa gore ba tloo swa ka ntata ya batswakwa,nyaaa hand them to Zimbabwean prison,govt wa Bots already wa sufferer da pressure is too much ha ele gore batho ba tla siela mo Botswana only to get free arvs then ke mathata,kana 90 % ya lefatshe la Botswana go tshelwa ka kalahi ena so rona ebe ree swa jaanong?Court dismiss dat,go ka se kgonege

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