By Kumbirai Mafunda
High Court Judge Justice Happias Zhou on Tuesday 24 September 2019 interdicted Zimbabwe Republic Police (ZRP) from preventing Dr Peter Magombeyi, the leader of Zimbabwe Hospital Doctors Association (ZHDA) from leaving Zimbabwe to access medical services in South Africa.
ZRP had on Monday 23 September 2019 prevented Dr Magombeyi from travelling to South Africa to access urgent health care services that are not locally available in Zimbabwe after deploying some law enforcement agents to man the entrance at a local clinic, where Dr Magombeyi is detained.
This was in defiance of the recommendation by his doctors, who noted that he had suffered possible physical harm and psychological trauma which warranted that further functional brain imaging and further toxicological evaluation, which is not available in Zimbabwe, be conducted on him.
But Justice Zhou on Tuesday 24 September 2019 granted an application filed by Dr Magombeyi’s father, Kingstone Magombeyi, who in his court petition, protested against the ZRP’s actions and argued that the law enforcement agents’ actions were not authorised by law as Dr Magombeyi is a victim of abduction and enforced disappearance and has not been placed under arrest and has also not been accused of committing any offence.
In his ruling, Justice Zhou ordered the Officer-In-Charge of Criminal Investigations Department (Law and Order Section) at Harare Central Police Station only identified as Chibaya, ZRP Commissioner-General Godwin Matanga and Home Affairs and Cultural Heritage Minister Hon. Cain Mathema, who were cited as respondents, not to prevent directly or indirectly Dr Magombeyi from leaving Zimbabwe for the purposes of accessing medical services in South Africa.
