Supreme Court begins complying with the new Constitution

The Supreme Court started complying with the country's new Constitution yesterday when nine judges, instead of the previous six, sat on the bench to deal with a case brought by an HIV and Aids activist.

The previous constitution provided for only six judges to sit on the bench when the Supreme Court is dealing with constitutional matters.

In its first court session held in terms of the new Constitution, additional two seats had to be placed in another row to accommodate the new members after the judges failed to fit on the usual seats.

The panel of judges included Chief Justice Godfrey Chidyausiku and his six colleagues resident at the Supreme Court together with two new acting Supreme Court judges who are based at the High Court - Judge President George Chiweshe and Justice Antonia Guvava.

The new Constitution was signed into law by President Mugabe on Wednesday before being gazetted as the country's supreme law.
Some sections of the new charter became effective on its publication on Wednesday, with others set to take effect when a President is sworn-in after the harmonised elections expected before or on June 29.

The full Supreme Court bench reserved judgement in the case in which the HIV positive man is seeking an order allowing prisoners on anti-retroviral treatment to access medication according to the doctor's prescription and to be accorded prison conditions that do not worsen their health.

The man, part of the 45 people arrested on treason related charges in February 2011, said he was denied access to anti-retrovial drugs while in police cells at Harare Central Police Station as well as at the Harare Remand Prison.

He argues that he was only allowed to take tablets once a day instead of twice daily and that he was not allowed to bring his own tablets to prison.
It was his evidence that he was later given some tablets that were different from the ones he was taking at home when he was at Harare Remand Prison.

The man wants the Constitutional Court to direct prison authorities and the police to ensure HIV positive inmates are given adequate access to ARV medication in the manner prescribed by their doctors.

He also seeks an order barring police from ordering suspects to remove shoes, jackets and undergarments while in police custody to avoid deterioration of health.
The man, who is represented by Advocate Zvikomborero Chadambuka and the Zimbabwe Lawyers for Human Rights, argues that he was subjected to inhuman treatment that disturbed his health when he was incarcerated.

He argues that he informed the police of his HIV condition, but they barred him from calling his relatives to bring his ARVs.
The man also stated in his papers that he was forced to remove his jacket, shoes and stockings when it was cold and that he did not get any blankets at night.

He alleged that conditions in the cells were not proper for HIV patients.
Chief Superintendent Garikai Gwangwava, who was officer commanding Harare Central District at the time, deposed an affidavit saying the police never denied the man access to medication.

Chief Supt Gwangwava said the conditions in the holding cells were not that bad.
Commissioner of Prisons Retired Major General Paradzai Zimondi also denied ill-treating the man, saying the tablets he was offered were only different in colour with his.

He denied locking the man up in solitary confinement, saying the practice had since been abolished.