Kachasu (Suing as the Administrator of the Estate of the late Paul Kachasu) v Manda (Sued as Administrator of the Estate of the late Dr Francis Manda) and Ors (Appeal No.163 of 2021) [2023] ZMCA 200 (30 August 2023)

Authors

O'Brien Kaaba, University of Zambia; Southern African Institute for Policy and ResearchFollow
Hope Sthembile Homela, Southern African Institute for Policy and Research

Publication Date

11-2023

Abstract

The decision by the Court of Appeal is a forward thinking one that deserves acclaim for its empathetic approach towards religious beliefs and and administering treatment in hospitals. This Judgement is significant to the Zambian jurisprudence as it underscores the paramountcy of patient autonomy and informed consent when administering medical treatment by healthcare providers. This judgement serves as a pivotal reference and precedence for the legal and ethical obligations of healthcare providers to respect the wishes and directives of their patients, even when those wishes are deeply rooted in religious beliefs or amounting to a loss of life, a breach of the right to life pursuant to the Constitution. The judgement contributes to the evolving discourse on medical ethics and legal standards in Zambia, serving as a landmark decision that upholds the sanctity of individual rights in the face of complex medical and ethical dilemmas.

Recommended Citation

Kaaba, O'Brien and Homela, Hope Sthembile (2023) "Kachasu (Suing as the Administrator of the Estate of the late Paul Kachasu) v Manda (Sued as Administrator of the Estate of the late Dr Francis Manda) and Ors (Appeal No.163 of 2021) [2023] ZMCA 200 (30 August 2023)," SAIPAR Case Review: Vol. 6: Iss. 2, Article 5.
Available at: https://scholarship.law.cornell.edu/scr/vol6/iss2/5