High Court Quashes Attempt To BAN Tinashe Mugabe’s Closure DNA Show | Murume Wese Arikufara

 

Tinashe Mugabe’s controversial but wildly popular show, The Closure DNA Show, has won a massive victory after the High Court quashed an attempt to ban and shut down the show.

The High Court ruled that the paternity DNA show could continue broadcasting on national television. The High Court also quashed last year’s decision by the Health Professions Authority of Zimbabwe to ban The Closure DNA Show.

Last year, the Medical Laboratory & Clinical Scientists Council of Zimbabwe ordered the paternity show to stop airing, arguing that Mugabe was not professionally qualified nor competent to issue DNA test results.

 

 

The health authorities also argued that the Global DNA Diagnostic Centre was not a registered member of The Medical Laboratory & Clinical Scientists Council of Zimbabwe and the Health Professional Councils in Zimbabwe.

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In a hard-hitting statement, the health authorities also accused Tinashe Mugabe, the principal consultant at Global DNA Diagnostic Centre, of preying on poor people.

Aggrieved by this decision, Tinashe Mugabe filed an application at the High Court seeking an order to operate freely.

Mugabe argued that the Health Professions Authority of Zimbabwe and the Medical Laboratory and Clinical Scientists Council of Zimbabwe had no right to suspend his operations because his company is not a medical entity and is not governed by their rules and regulations.

 

[Image: Facebook/Tinashe Mugabe]

High Court judge Justice Joseph Mafusire found in favour of Mugabe after noting that the organisation was not a health institution in terms of the Health Professions Act. The Herald reports  Justice Mafusire as saying,

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“The conclusion reached in this judgment, that the applicant is not a health institution within the meaning of that term in the Act, puts paid to any other point of contention in this matter.”

“It may well be that the applicant’s activities require proper regulation. But if there should exist some other law providing for such regulation, it has not been pointed out in this court. The Act is certainly not such law. The applicant is entitled to the main relief prayed for, namely that it is not a health institution within the meaning of the Act.”

Justice Mafusire also dismissed arguments from the HPAZ and MCAZ, who insisted that Mugabe’s organisation was a health institution because it collected DNA samples.

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They argued that since taking samples of human DNA from blood, hair, teeth, fingernails, and internal organ tissue for testing requires specialised knowledge, it must be done by a health professional.

However, the judge found merit in Tinashe Mugabe’s claims that DNA sample collection does not need specialised skills.

 

“It just does not sound correct that one needs a doctor or a scientist to trim one’s toenails or fingernails, pull one’s strand of hair or eyelash, peel off one’s skin, or spit one’s saliva in a container to send for DNA sampling. The applicant is merely a collection site.”

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