High stakes HIV case dismissed

ISAIAH MOREWAGAE
Staff Writer | Wednesday August 19, 2009 00:00

The case, which was heard before Justice Abednico Tafa, was withdrawn after some witnesses somersaulted and refused to lead evidence for the plaintiff. The plaintiff tried to advance her case, but in the end Justice Tafa was not convinced that the complainant had made a case against Wadipudi.

Tafa was also concerned that the plaintiff said in her statement of claim and evidence in court that Wadipudi did not say in his own words that she was HIV positive but rather used general words.

Accordingly, Uyapo Ndadi, the attorney representing the female teacher, made an application for withdrawal without prejudice. The female teacher was claiming P200, 000 in damages.

According to the particulars of the case, Wadipudi, on September 18, 2007 at Kgabophuti primary school, uttered words, which impinged on the integrity and dignity of the teacher.

'If it were anyone here saying that, I would understand this overly scary thing. The illness is clearly manifest in your face. It is not hidden.' The words are reported to have been uttered by Wadipudi in front of other members of staff. The head teacher is alleged to have further insinuated that more could be said and that 'books can be written' about the complainant, adding that she behaved in a manner that reflected the way she was brought up. Ndadi said, 'These statements were understood by addressees and calculated to mean that my client was not behaving because she is suffering from a medical condition, in particular HIV, and as a result is a menace to the teaching community.'

It was further pointed out in the applicant's representation that Wadipudi's defamatory utterances had the effect of sending the message that she got infected because she was promiscuous. This is especially so in light of the prevailing stigma and discrimination attached to this medical condition.

Against this background, the teacher's attorney has argued that she has suffered damages to her reputation, 'self-esteem and dignity in the tune of P200, 000,' as a result of an infringement of her right to privacy. In defence of Wadipudi, attorney Langwane Mmekwa submitted that the words were justified in that they were uttered in response to 'the plaintiff's abusive words'.

In addition, the defence sought to shoot down his junior's demand for payment arguing that there was no intent to violate her privacy. To this end the defendant prayed to the court to dismiss the claim for P 200, 000 damages, as well as the costs of the suit. Thus, Tafa ordered that the junior teacher pay costs for the defendant's appearance.