By 
Geoffrey Bwalya Mwamba, the former Defence Minister in the Patriotic Front (PF) government, will undergo a medical assessment by an independent board at a government health facility to determine whether his condition requires treatment abroad.
This followed a directive from the Kasama High Court.
Mwamba, currently serving a five-year sentence at Mwembeshi Prison, claimed to suffer from multiple ailments, including prostate cancer, rheumatic heart disease, heart rhythm disorders, congenital heart disease, colon cancer, diabetes, hypertension, and complications from COVID-19.
He argued that his conditions required specialised treatment in South Africa and India.
Judge Mathew Zulu ordered that an independent medical board assess Mwamba’s condition within 14 days and report whether his medical needs exceed the capabilities of local facilities.
The ruling follows a petition by Mwamba, who argued that being denied access to specialized treatment violates his fundamental rights.
While acknowledging prisoners’ entitlement to healthcare under international human rights standards, Justice Zulu emphasized that the Mandela Rules guiding prisoner treatment were subject to practical limitations.
The Zambia Correctional Service contended that it had not denied Mwamba medical care but lacked agreements with South Africa and India regarding his security during evacuation.
The state also asserted that Zambian health facilities could adequately address his medical needs.
While the court upheld Mwamba’s right to medical treatment, Justice Zulu stated that there was insufficient evidence to justify travel to India.
The judge also stated that the responsibility for implementing prisoners’ healthcare rights lies primarily with government institutions and human rights bodies, not the courts.
Despite logistical challenges, the judge underscored that Mwamba’s right to life should not be compromised and efforts must be made to ensure he receives necessary medical care.
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