Chief Justice Godfrey Chidyausiku who was seating with eight judges heard the matter from both the state and the defence councils.
Tawanda Zhuwarara of the Zimbabwe Lawyers for Human Rights was representing Muzanenhamo while for the state it was Tineyo Dhodho
Muzanenhamo filed the case last year in September.
He claims that he was denied his medication and ill treated when he was arrested in February 2011 and charged with treason together with 45 other human rights activists including University of Zimbabwe lecturer Munyaradzi Gwisai.
Chief Justice Godfrey Chidyausiku with the assistance of eight Supreme Court judges today heard the case and reserved his judgment.
“Douglas is HIV positive and the conditions of his during his arrest and detention militated against his HIV status and can be termed cruel and inhuman. The state is opposed to the application primarily o n the ground that there were material disputes of fact.Our submission were to the fact that the court should take a robust approach to those dispute of facts and also take a look at the agreed facts which particularly highlighted the fact that yes they might have been quite a number of such violations of Douglas Muzanenhamo’s fundamental rights.
“So the court has gone into session to probably deliberate on the issue and then give us a final determination on first of all the issue relating to the dispute of fact but more importantly whether or not Douglas Muzanenhamo’s fundamental rights as according to section 15 of the old constitution were violated via his encaseration ,”Zhuwarara said in an interview after the court session, ”Tawanda Zhuwarara told reporters after the court session.
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