On Tuesday 23 July 2024, High Court Judge Justice Nyaradzo Munangati-Manongwa ordered Zimbabwe Prisons and Correctional Service (ZPCS) Commissioner-General Moses Chihobvu and Health and Child Care Minister Hon. Douglas Mombeshora to ensure that Leeroy Muteyera, a 40 year-old prisoner, enjoys his fundamental right to health as enshrined in section 76 of the Constitution by conducting a surgical operation to remove a lipoma, which is a tumour that develops on one’s body that can potentially develop into cancer, and which he has lived with for the past 10 years while in prison detention.
Justice Munangati-Manongwa’s order came after Muteyera, who is currently detained at Harare Central Prison after having a stint at Chikurubi Maximum Security Prison and is awaiting resentencing on a charge of murder, sued Chihobvu and Hon. Mombeshora for failing to accord him his right to health care guaranteed in section 76 of the Constitution and his right to humane conditions of detention that are consistent with human dignity at state expense provided in section 50(5)(d) of the Constitution.
In his constitutional application, which was filed at the High Court on 23 December 2023, Muteyera, who was represented by Charleen Hlongwane of Tendai Biti Law, in a case supported by Zimbabwe Lawyers for Human Rights, argued that government through ZPCS and the Ministry of Health and Child Care had negligently failed to guarantee his fundamental right to healthcare and the right to humane conditions of detention consistent with human dignity contained in the Constitution.
Muteyera argued that the acts and omissions of ZPCS and Ministry of Health and Child Care authorities amounted to a dereliction of statutory and constitutional duty to protect human rights as there were a number of steps that the Zimbabwean authorities could have taken to adequately cater for his welfare when a prisoner is delivered into the absolute power of the state.
The 40 year-old prisoner, who told the court that he experiences a lot of discomfort and does not get restful sleep on the floor in his prison cell, regretted being ill in prison stating that it is a curse and a condemnation to death as he had waited since 2014 to undergo an operation to have the lipoma removed.
Muteyera said on numerous occasions, he had blood samples taken, which were never examined for want of payment of laboratory fees.
Now, Muteyera’s woes are set to end after Justice Munangati-Manongwa ordered Chihobvu and Hon. Mombeshora to urgently conduct a surgical operation on him to remove the lipoma within two months in an exercise whose cost should be paid for by government.
ENDS
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