The Kasama High Court has ordered a medical assessment for former Defence Minister Geoffrey Bwalya Mwamba by an independent medical board at a government health facility.
The assessment aims to determine whether his condition requires treatment in South Africa and India, with the board required to submit its report within 14 days.
In his ruling, Judge Mathew Likuba Zulu ordered that Mwamba be immediately subjected to a medical assessment by an independent medical board at a government health facility.
“Render a report advising this court on the outcome of the medical assessment and shall state whether the petitioner’s ailments are beyond the locally available medical expertise,” he stated.
The ruling follows a petition filed by Mwamba on January 13, 2025, in which he alleged that authorities had violated his constitutional rights by denying him access to specialized medical treatment.
Mwamba, serving a five-year sentence at Mwembeshi Prison after conviction by the Economic and Financial Crimes Court, claimed his health had deteriorated due to this denial.
Mwamba’s petition sought a declaration that imprisonment does not remove his right to medical treatment.
He also sought a declaration that the refusal to allow him specialized medical care abroad violates his right to life and is unconstitutional, and he requested a mandatory order compelling authorities to facilitate his medical evacuation.
He is also seeking permission to travel abroad for treatment at his own expense, accompanied by a prison officer.
In his affidavit, Mwamba stated that before incarceration, he had been receiving specialized treatment for prostate cancer, rheumatic heart disease, heart rhythm disorders, and congenital heart disease in India and South Africa.
He also cited additional conditions, including colon cancer, diabetes, hypertension, and pulmonary embolism linked to COVID-19.
He argued that the Zambia Correctional Service’s refusal to permit treatment abroad endangered his health.
Dr. Moola Malimba, Senior Assistant Commissioner in the Zambia Correctional Service, opposed the petition, asserting that Mwamba had received adequate medical care within Zambia.
He also noted that Zambia lacked agreements with South Africa or India regarding medical evacuations of prisoners, raising security and jurisdictional concerns.
Judge Zulu acknowledged that prisoners retain their right to healthcare, citing international standards such as the Mandela Rules.
However, he highlighted logistical challenges, including the absence of foreign government agreements.
He ruled that the medical board’s assessment was necessary to determine whether Mwamba’s treatment needs exceeded Zambia’s medical capabilities.
“As the petitioner’s request concerns his right to life, a justiciable right under Article 12 of the constitution, it is my view that this right should not be superseded by logistical concerns,” the judge stated.
