"The Court Can't Release The Passport Merely Because You've Cancer," Chombo Re-arrested

Harare Magistrate, Estere Chivasa, yesterday dismissed Ignatius Chombo’s application for the temporary release of his passport. She argued that the court could not release the passport merely because of the former Local Government minister’s health condition.

In her ruling, Chivasa said:

The court cannot simply release the passport merely because the applicant has cancer. He made prosecution impossible, legally though, at the time when the State indicated that they are ready for trial and now he is requesting his passport persistently on the basis of an outdated document which militates against release of the passport on the changed circumstances.

It is not in dispute that the applicant was diagnosed with cancer. A perusal of the doctor’s letter reveal apparent challenges as far as the requirements of the present application is concerned. Firstly, the applicant is relying on a document which is dated February 2019, we are now in July and that on its own presents a challenge in that it is the document that was relied upon in the previous application and legally, there is no change in circumstances.

While their reasons for not attending court are not known, this court cannot turn a blind eye to the fact that there is a trend to abuse the indulgence. The applicant is not being punished for other people’s sins but considering the nature of these applications and that they are informal, my view is that the interests of justice are paramount.

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Meanwhile, Chombo who was initially arrested for corruption allegations is now facing several corruption allegations. He has been trying to have his passport released since February.

More: News Day