HEALTH and Child Care minister Constantino Chiwenga has been ordered to pay $900 000 in damages to a woman who suffered a miscarriage because of negligence by health officials at Sally Mugabe Central Hospital in 2020.
Valerie Chibaya, with assistance from the Women and Law in
Southern Africa (WLSA), instituted legal proceedings against Chiwenga, who
doubles as the country’s Vice-President, after her hospital ordeal.
Chibaya filed for damages for pain and suffering in the sum
of $800 000, loss of amenities of life $100 000, contumelia $300 000 and $281
757,63 for violation of her constitutional rights.
High Court judge Justice Never Katiyo ruled in her favour
after a full trial.
Chibaya was awarded $800 000 for pain and suffering and
$100 000 for loss of amenities, with Chiwenga ordered to settle the damages
within 60 days.
Her claim for contumelia damages and violation of her
constitutional rights was dismissed, with the court reasoning that there was no
intention by the health officials to humiliate her.
In her court application, Chibaya said she went to the
hospital on June 17, 2020 after experiencing unusual stomach pains when she was
23 weeks pregnant.
She said doctors and nurses did not take her temperature,
blood pressure, or sugar levels nor did they do a routine check-up on her,
insisting that she got a scan before they could attend to her.
Chibaya was only attended to the following day after her
husband begged for help.
In defence, the defendant sought to blame Chibaya for the
miscarriage saying she delayed having an Ultrasound Scan.
In a Press briefing held yesterday, WLSA director Fadzai
Traquino welcomed the ruling as key in the fight for women to enjoy access to
sexual reproductive health and maternal health rights.
“Together with our various partners and stakeholders, we
have been helping and running various programmes for women and girls. The
court’s order is quite progressive as it expands on the meaning and application
of the constitutional rights enshrined in section 76,” Traquino said. Newsday
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