The HPAZ had ordered its closure after allegations that one
of the firm’s employees, Anesu Nyamugama had fraudulently issued fake COVID-19
certificates to clients. Nyamugama has since been suspended by the company.
In a letter to HPAZ dated January 22, Klosad, through its
lawyers from Chihambakwe, Mutizwa and Partners, said the purported shut down of
the facility was illegal.
“We are advised that our clients have not received any
communication from the practice control committee. Your action was taken in
violation of the rules of natural justice as well as the Administrative Justice
Act which requires that a person cannot be con demned before they are heard,”
the lawyers said.
“Our clients, on our advice will continue to operate, and
any interference with its operations will be resisted with vigour. On an in
need basis, we will apply for an interdict on an urgent basis.
“We are also copying this letter to the police so that they
ignore your illegal request for their assistance,” the letter by the lawyers
read in part.
The lawyers said the letter and purported action on Klosad
were not in accordance with the law, hence had “no force or effect.”
“We have accordingly advised our client not to give effect
to your directive to cease operation because in terms of section 105 which you
purportedly acted on, the practice committee should have reasonable grounds to
believe that something untoward was, or is happening at our client’s
operations. It would then have communicated its concerns to our client and or to
the registered person.
“In the notification referred to, it was obliged to invite
our client or the registered person to make representations to it within 30
days. If our client or the registered person either fails to make
representations, or having made recommendations they do not find favour with
the practice control committee would then take appropriate action.” Newsday
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