Zvikomborero Parafini, Court Reporter
FORMER Minister of Home Affairs Ignatius Chombo’s application for variation of bail conditions particularly the temporary release of passport yesterday hit a brickwall after a Harare magistrate dismissed it on lack of merit.
Regional magistrate Estere Chivasa agreed with the State’s submissions in her ruling that there was no documentation showing the former minister’s latest medical status following claims that he is a cancer patient.
Chombo solely based his application on a medical report acquired in February showing that he had cancer which was vehemently opposed by the State arguing that other former government officials had abused the indulgence.
“It is clear in the documents that have been brought before the court that he has been diagnosed with cancer, he discharged the onus to prove his assertions by submitting a signed affidavit from Dr Chigava and it was signed in February.
“He assumed that the court should just allow that he has his passport simply because he has cancer; he should have provided the court with the latest documents in regards to his alleged ‘deteriorating’ condition, considering his status, he has access to the latest machinery to show his current health condition.
“He has succeeded legally in making it difficult for the State to prosecute him due to his numerous applications, and while he is not being punished on behalf of his counterparts, the indulgence of temporary release of passport has been abused by other former government officials and is a verifiable trend that can be verified,” said Chivasa before she dismissed the application.
The matter is expected to be back in court on September 4.