HIGH Court Judge Justice Happias Zhou on Tuesday 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 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 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.
Furthermore, he argued, Dr Magombeyi 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.