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Medical Graduates Sue HPCZ Over Alleged Exam Errors, Seek to Halt Licensure Exams

Fourteen medical graduates have filed a lawsuit against the Health Professions Council of Zambia (HPCZ) in the Kitwe High Court, seeking the annulment of the licensure exams they sat for last year. The plaintiffs, led by Makunko Nsalange, claim that inconsistencies in the exam results have severely impacted their ability to register as health practitioners.

The group is demanding that the Court order the HPCZ to register them as health practitioners and issue the necessary practising certificates without further delay. They argue that the licensure exams (LEX) conducted by the HPCZ were wrongful, illegal, and contravened the Health Professions Act of 2009 and the Health Professions Amendment Act No. 26 of 2021.

In their statement of claim, the plaintiffs revealed that they were health professional graduates from various fields who sat for the first LEX exams between 20 February and 3 March 2023, following an HPCZ directive issued in December 2022. The results, published on 28 March 2024 via an online portal managed by the HPCZ, were later found to be riddled with errors.

The plaintiffs allege that after the initial results were posted, they noticed discrepancies such as incorrect pass/fail statuses being switched, blank result pages, and notifications wrongly indicating that they had failed multiple attempts at the exams. Despite inquiring with the HPCZ, they were told the errors were due to a “technical system error” during the uploading process, an explanation the plaintiffs found unsatisfactory.

The graduates argue that these inconsistencies have cast doubt on the credibility and authenticity of the February 2024 LEX results, leading to significant distress and preventing them from practising as health professionals. They claim that the HPCZ exceeded its legal authority by subjecting them to licensure exams, a process they believe is unnecessary for locally trained graduates.

Nsalange and her colleagues are also challenging the HPCZ’s role in conducting these exams, stating that foreign-trained professionals should only be examined if their qualifications are not recognised by the Council. They argue that such exams should be conducted by recognised training institutions, not the HPCZ, making the Council’s actions “irregular, erroneous, and unlawful.”

As part of their lawsuit, the plaintiffs are seeking a refund of the K1,500 examination fee, as well as damages for wrongful prohibition from registration, loss of employment opportunities, and emotional distress.

The case raises significant questions about the HPCZ’s examination processes and its impact on the professional lives of Zambia’s health graduates.

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