THE family of Dr Peter Magombeyi, the leader of Zimbabwe Hospital Doctors Association (ZHDA) has petitioned the High Court seeking an order to interdict Zimbabwe Republic Police (ZRP) officers from preventing him to travel to South Africa to access urgent specialist medical services.
In an urgent chamber application filed on Monday 23 September 2019 at the High Court, Kingstone Manetswa Magombeyi, the father of Dr Magombeyi, who is represented by Zimbabwe Lawyers for Human Rights, argued that his son had been prevented by some ZRP officers from travelling to South Africa to access urgent health care services that are not locally available in Zimbabwe.
The lawyers argued that Dr Magombeyi, a survivor of an enforced disappearance, who is currently receiving medical treatment at a local medical facility requires urgent health care services that are not locally available in Zimbabwe but offered in neighbouring South Africa.
The lawyers indicated that the preliminary medical assessments done on Dr Magombeyi reveal possible physical harm and psychological trauma hence it is imperative that the ZHDA leader receives the best possible health care to enable him to fully recover so as to be in a position to assist ZRP officers and any other stakeholders in the discovery of the truth as to what really happened to him between 14 September 2019 and 19 September 2019, when he was disappeared and later found.
However, some ZRP officers, who were deployed to camp outside Dr Magombeyi’s hospital room without his concern, denied him the right to leave Zimbabwe on 23 September 2019 to South Africa, where he is due to receive specialist health care services.
The lawyers argued that the ZRP officers’ actions are 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 hence he is entitled to his right to liberty, security of person, freedom of movement and has a further right to access health care services.
The actions of ZRP officers, the lawyers argued, infringe upon Dr Magombeyi’s constitutional rights and he stands to suffer irreparable harm should he be barred from seeking expert medical services and any delay in accessing the medical services required compromises his health and well-being.
The lawyers want the High Court to order ZRP officers to allow Dr Magombeyi to travel to South Africa late on Tuesday 24 September 2019 to access the specialist medical services.
The Officer-In-Charge of Criminal Investigations Department (Law and Order Section) at Harare Central Police Station, ZRP Commissioner-General Godwin Matanga and Home Affairs and Cultural Heritage Minister Hon. Cain Mathema have been cited as respondents to the urgent chamber application.
Zimbabwe Lawyers for Human Rights
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
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