The show was suspended after the board together with the
Medical Laboratory and Clinical Scientists Council Zimbabwe (MCAZ) ruled that
Mugabe was not professionally qualified to issue DNA tests results live on air.
Mugabe made the application through his company the Global
Parentage Services (Private) Limited seeking an order declaring the actions by
the two boards null and void.
In his argument, Mugabe submits that he had already
complied with requirements by the two boards before his show took to air on the
national broadcaster.
Mugabe further claims that the suspension of his business
was also handled without due diligence.
“Global DNA Zimbabwe had a legitimate expectation of being
heard before an adverse decision was made against it.
“It thus has an interest in the matter before this
honourable court in that its business has been suspended unlawfully, with great
loss to its income and the benefit it was brought to users of its services.
“The Global DNA Zimbabwe should not even have been
registered as a health institution as it is not one. The company is not a
health institution in terms of section 2(1) of the Health Professions Act
(Chapter 27:19),” reads Mugabe’s founding affidavit.
He accused both institutions of infringing upon his rights.
“The Health Professions Authority Zimbabwe cannot at law,
order the closure of the Global DNA Zimbabwe’s offices as it is not a health
institution in any case.
“In ordering the closure as it did, it is exercising power
over an entity it does not have authority over.
“There are no disputes of fact whatsoever that are material
in this application.
“The court can take a robust view of the facts and make a
decision. Issues here can be resolved on paper,” continued the affidavit.
The television host also claims that when he started his
operations he had even employed a laboratory scientist at his collection site.
He said that all samples after collection were being sent
out of Zimbabwe for testing before results were eventually announced to his
clients.
The matter is awaits the court’s determination. H Metro
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