Mugabe had approached the High Court challenging suspension
of his-The Closure DNA show-by the Health Professions Authority Zimbabwe and
the Medical Laboratory and Clinical Scientists Council Zimbabwe.
In suspending the business both boards had queried Mugabe’s
professionalism to issue the results and compliance with provisions of the
Health Professions Act.
Mugabe went on to contest the decision by seeking an order
to declare the actions null and void.
In its notice of opposition, the HPAZ and MLCSCZ submitted
that it is their duty to safeguard the public against unsafe public health
methods.
“Global DNA Zimbabwe’s right to freedom, trade and
occupation does not supersede the public’s right to health.
“It was therefore imperative for the Global DNA Zimbabwe’s
registration to be suspended to avoid infringing against the public’s health
“…the application does not meet the requirements for a
declaratory order and must accordingly be dismissed with costs,” argued HPAZ
secretary general Shepherd Humure.
Humure also claimed that Mugabe’s company must have been
registered as a health institution.
“A company by virtue of registration as company does not
result in them having an automatic right to registration as a health
institution.
“As an institution that was operating as a DNA testing
facility and a collection site, Global DNA Zimbabwe was urged to comply with
the provisions of the Health Professions Act and apply for registration as a
health institution,” reads Humure’s affidavit.
He further opposes Mugabe’s assertion that he had complied
with the requirements of the two boards before going on air.
“This is a medical process used to identify changes in the
DNA sequence or chromosome structure.
“It is a medical process that requires collection, testing
and analysis thereof.
“It is imperative for this honourable court to note that at
no point since 2017 to 2021, did the Global DNA Zimbabwe raise issues regarding
its suitability for registration as a health institution,” he said.
Medical Laboratory and Clinical Scientists Council
Zimbabwe’s registrar, Agnes Chigora also argued that the delivery of the test
results was unethical.
“It is a known fact that the delivery of the results to the
clients by Global DNA Zimbabwe was unethical as most of the results were
delivered and published in public domain and aired on ZBC-TV program as ‘The
Closure DNA Show’ and on its YouTube channel.
“The delivery of results to the client in a public domain
is unethical and in breach of the Patient Charter which protects client
confidentiality,” argued Chigora.
She said Mugabe also failed to produce signed consent forms
that allowed his show to go public with the results.
“On September 17th, 2021, we requested for the signed
consent forms of clients whose results were being publicly announced and none
was produced.
“The power to order closure of the offices is derived from
the Health Professions Act and registration of Global DNA Zimbabwe as a health
institution,” said Chigora.
Chigora also claims Mugabe would hire a doctor and a nurse
to collect samples but failed to provide their credentials during a November 6
inspection.
The matter is yet to be heard. H Metro
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