Labour Law Interventions to HIV and AIDs at The Workplace in Zimbabwe

Legally Compulsory Education of Employees On HIV and AIDs by an Employer

Part three of the  HIV and AIDS regulations contain some significant legal provisions for the dissemination of information by an employer to his/her/employees regarding HIV and AIDS. The sharing of sound, relevant and important information on HIV and AIDS at the workplace through the active participation of an employer may help prevent and cure HIV and AIDS as well as combat stigmatisation of those infected by HIV and AIDS at the workplace.  There is a need for a government-controlled or supervised monitoring and evaluation of practical enforcement of compliance by every employer in Zimbabwe, be it in the private or public sector (even though the HIV and AIDS Regulations under legal scrutiny do not specifically apply to the public[1] sector employees),  with this noble legal provision for the education of employees on HIV and AIDS as part of the wider efforts to fight the challenge of this disease in the country so that the nation’s workforce is protected from destruction. The law makes it compulsory or mandatory for every Zimbabwean employer to educate every person employed by that particular employer during normal working hours regarding HIV and AIDS in terms of section 3 of the Labour Relations ( HIV and AIDS) Regulations which provides as follows;

“ Every employer shall cause to be provided for the benefit of every person employed by him, and at such place and time during normal working hours as he may appoint, education and information relating to-

• the promotion of safe sex and risk-reducing measures in relation to sexually transmitted diseases; and
• the acquiring and transmission of HIV; and
• the prevention of the spread of HIV and AIDS; and
• counselling facilities for HIV and AIDS patients. (emphasis added by underlining)

It is noteworthy that the HIV and AIDS Regulations jealously guard against the use of unqualified or bogus persons by an employer in the education of employees on HIV and AIDS at the workplace. The law clearly stipulates that the credentials of a person whom the employer must use or hire to furnish employees with education on HIV and AIDS must be that the person must possess sound knowledge or expertise in matters relating to HIV and AIDS meaning that such a person to offer that education must not be a novice or self-proclaimed expert but a genuine expert with empirical evidence to prove such sound knowledge and expertise which may be in the form of possession of relevant qualifications in the medical field earned from a recognised college or learning institution. The law does not countenance fake experts for providing employees with education on HIV and AIDS at the behest of the employer meaning that it is not every proverbial “Tom”, “Jack” and “Hary” who must purport to provide employees with education on HIV and AIDS at the workplace. Some unscrupulous persons have been on the loose leash or prowl trying to cash in and wrongfully, unlawfully and improperly milking money or resources from unsuspecting members of the public under the guise of providing education and information on HIV and AIDS but their education and information remain fake and toxic. It is submitted that if an employer uses an unqualified person without sound knowledge and expertise in HIV and AIDS purporting to provide his/her/its employees with education on HIV and AIDS, that employer, apart from other criminal legal sanctions, the concerned employer may be found liable for huge sums of money and damages under the law of delict for wrongful, unlawful and harmful conduct against the affected employees. Also, an employer who hires an unqualified person to pretend to “offer” education to his/her/its employees about HIV and AIDS runs the risk of damaging the professional reputation of such an employer. The law, therefore, contains very stringent legal provisions to guard against the sharing of education on HIV and AIDS at the workplace by employers through using unqualified persons by setting  the legal  bar for persons who are eligible to offer such education as follows:

“ Education and information shall be provided in terms of subsection (1) by persons who have proven sound knowledge and expertise in matters relating to HIV and AIDS, who are able to communicate information with accuracy and consistency[2].” (emphasis added by underlining).

Ever since the HIV and AIDS scourge reared its ugly head in Zimbabwean society, several co-artists have masqueraded as providing information, education, knowledge or cure about HIV and AIDS only for them to turn into merchants of darkness, folly and purveyors of falsehoods but in some cases after fleecing their innocent and pliable victims of fortunes in money and resources. One such case in mind is the sad story of the famous late former Zimbabwean heavyweight boxer by the name Proud Chinembiri (also known as Kilimanjaro for his remarkable boxing prowess) who in the late 1990s was allegedly reported in the local press known as  Parade magazine and later by the Bulawayo based Chronicle[3] newspaper, to have been cheated of his lots of money by someone who alleged that he was able to cure HIV and AIDS.

[1] The reason for the concerned HIV and AIDS Regulations not applying to public sector employees or civil servants is that they were enacted in terms of section 17 of the Labour Act and the same Labour Act does not apply to public sector employees by virtue of section 3(1) and (2) thereof which says, (1) This Act shall apply to all employers and employees except those whose conditions of employment are otherwise provided for in the Constitution and (2) For the avoidance of doubt, the conditions of employment of members of the Public Service shall be governed by the Public Service Act [Chapter 16:04].

[2] See section 3 (2) of S.I 202/1998.

[3] See the Chronicle article of 15 May 2011 which reported, “founding fathers of Zimbabwe will almost always trace the inspiration of their heroic efforts to one giant, Benjamin Burombo. But there was to be another Benjamin Burombo in post-independent Zimbabwe who made headlines for different reasons altogether. At the height of the HIV and AIDS pandemic, when anti-retroviral drugs were not freely available and the virus was taking its toll on the nation, the self-styled “Doctor” Benjamin Burombo rose to fame with claims that he could cure diseases associated with the virus. He drew many to him and in the process enriched himself. But many doubted that he was genuine and wondered how long he would last. The then Minister of Health and Child Welfare, Dr Timothy Stamps dismissed Burombo’s claim that he could cure Aids-related illnesses. But Burombo was adamant. Among his patients was the late Zimbabwean heavyweight boxing champion Proud “Kilimanjaro” Chinembiri. Burombo’s stakes rose quite high when it was reported that he was “treating” the famed boxing champion. Unfortunately, Kilimanjaro died. It was not long before Burombo’s world collapsed and he soon disappeared from the limelight. Two decades later, the former vibrant and talkative herbalist is a shadow of his former self. The man, who claimed to possess magical healing powers and herbs, is now broken. His dream of finding a cure for Aids had died. The BMWs and Mercedes Benzs have also disappeared and have been replaced by a modest Renault 12. His Kuwadzana house which used to play host to hundreds of Zimbabweans and foreigners seeking help, now tells a different and sad tale. Some sheep could be heard bleating in his backyard when The Herald visited him on Wednesday. Now 51 years old, the man who used to claim that his wonder herbs were from deed-down Kariba Dam, has lost the bling. At his gate there is an inscription; “Trespassers will be prosecuted” Readmore…