Court orders cops to immediately release Magombeyi and allow him to seek specialist medical services in South Africa

By Court Reporter

JUDGE President Justice George Chiweshe on Wednesday 25 September 2019
ordered Zimbabwe Republic Police (ZRP) officers to immediately release
Zimbabwe Hospital Doctors Association (ZHDA) leader Dr Peter Magombeyi
and allow him to travel to South Africa to seek and access specialist
medical services.

Some ZRP officers had effectively “imprisoned” Dr Magombeyi after they
camped at a private medical clinic in Harare after preventing him from
leaving Zimbabwe to access medical services in South Africa.

The ZRP’s actions were in contempt of a lawful court order granted by
consent on Tuesday 24 September 2019 by High Court Judge Justice
Happias Zhou, who interdicted ZRP from preventing Dr Magombeyi from
leaving Zimbabwe for South Africa.

But on Wednesday Justice Chiweshe ordered ZRP or anyone acting through
them or on their behalf to immediately release Dr Magombeyi. During
the court hearing, the Judge President questioned ZRP if there is a
law which entitles police officers to hold and detain people who are
not suspects.

Justice Chiweshe also dismissed an application filed on Tuesday 24
September 2019 by ZRP Commissioner-General Godwin Matanga and Michael
Chibaya, the Officer-In-Charge of Criminal Investigations Department
(Law and Order Section) at Harare Central Police Station purportedly
seeking to “correct” the consent order granted by Justice Zhou.

In court, Dr Magombeyi’s lawyers Alec Muchadehama, Beatrice Mtetwa,
Roselyn Hanzi and Jeremiah Bamu argued that the ZRP officers’ actions
in preventing the ZHDA leader were 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.

ZLHR says it is very unfortunate that the State chose to waste the court’s
precious time and resources and to jeopradise the health of Dr
Magombeyi.