HIGH Court Judge Justice Joseph Mafusire has blocked attempts by the Health Professions Authority of Zimbabwe (HPAZ) and the Medical Laboratory and Clinical Scientists Council of Zimbabwe (MLCSCZ) to stop the paternity test television show hosted by Tinashe Mugabe.
The HPAZ and MLCSCZ suspended Mugabe’s Global DNA Zimbabwe’s operations after cancelling his registration certificate as a health institution.
But Justice Mafusire nullified the decision saying the two bodies did not have the powers to force Mugabe to register his company as a health institution in terms of the Health Professions Act.
“The conclusion reached in this judgement that the applicant (Global DNAS) is not a health institution within the meaning of that term in the Act puts paid to any other point of contention in this matter. The respondents (HPAZ and MLCSCZ) simply exercised powers that the Act does not give them,” Mafusire ruled.
“It may well be that the applicant's activities require proper regulation…The Act is certainly no law. However, it would be manifestly contradictory to grant the first leg of the second prayer, namely that the cancellation of the applicant’s registration certificates was void.
“If it is not a health institution, then none of the requirements of health institutions as prescribed by the Health Professions Act including registering with the authority boards applies to it.”
Mugabe approached the High Court challenging the cancellation of his registration certificates arguing Global DNA Zimbabwe was not a health institution but a mere sample collection site.
He argued that his company did not run the DNA tests, but engaged laboratories who tested the samples.
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He had also argued that the initial registration last year was a result of undue pressure from the two boards.
The respondents had argued saying Mugabe’s company was a health institution in terms of the Health Professions Act.
