News / National
Obadiah Moyo's firm digs in
24 Jan 2021 at 22:36hrs | Views
LABORATORY reportedly linked to former Health minister Obadiah Moyo, Klosad Clinical Diagnostics Laboratory, yesterday hit back at orders by the Health Professions Authority of Zimbabwe (HPAZ) to close down, saying there was no legal basis to do so.
The HPAZ had ordered its closure after allegations that one of the firm's employees, Anesu Nyamugama had fraudulently issued fake COVID-19 certificates to
clients.
Nyamugama has since been suspended by the company.
In a letter to HPAZ dated January 22, Klosad, through its lawyers from Chihambakwe, Mutizwa and Partners, said the purported shut down of the facility was illegal.
"We are advised that our clients have not received any communication from the practice control committee. Your action was taken in violation of the rules of natural justice as well as the Administrative Justice Act which requires that a person cannot be condemned before they are heard," the lawyers said.
"Our clients, on our advice will continue to operate, and any interference with its operations will be resisted with vigour. On an in need basis, we will apply for an interdict on an urgent basis.
"We are also copying this letter to the police so that they ignore your illegal request for their assistance," the letter by the lawyers read in part.
The lawyers said the letter and purported action on Klosad were not in accordance with the law, hence had "no force or effect."
"We have accordingly advised our client not to give effect to your directive to cease operation because in terms of section 105 which you purportedly acted on, the practice committee should have reasonable grounds to believe that something untoward was, or is happening at our client's operations. It would then have communicated its concerns to our client and or to the registered person.
"In the notification referred to, it was obliged to invite our client or the registered person to make representations to it within 30 days. If our client or the registered person either fails to make representations, or having made recommendations they do not find favour with the practice control committee would then take appropriate action."
The HPAZ had ordered its closure after allegations that one of the firm's employees, Anesu Nyamugama had fraudulently issued fake COVID-19 certificates to
clients.
Nyamugama has since been suspended by the company.
In a letter to HPAZ dated January 22, Klosad, through its lawyers from Chihambakwe, Mutizwa and Partners, said the purported shut down of the facility was illegal.
"We are advised that our clients have not received any communication from the practice control committee. Your action was taken in violation of the rules of natural justice as well as the Administrative Justice Act which requires that a person cannot be condemned before they are heard," the lawyers said.
"Our clients, on our advice will continue to operate, and any interference with its operations will be resisted with vigour. On an in need basis, we will apply for an interdict on an urgent basis.
"We are also copying this letter to the police so that they ignore your illegal request for their assistance," the letter by the lawyers read in part.
The lawyers said the letter and purported action on Klosad were not in accordance with the law, hence had "no force or effect."
"We have accordingly advised our client not to give effect to your directive to cease operation because in terms of section 105 which you purportedly acted on, the practice committee should have reasonable grounds to believe that something untoward was, or is happening at our client's operations. It would then have communicated its concerns to our client and or to the registered person.
"In the notification referred to, it was obliged to invite our client or the registered person to make representations to it within 30 days. If our client or the registered person either fails to make representations, or having made recommendations they do not find favour with the practice control committee would then take appropriate action."
Source - newsday
