Times Of Swaziland: COPS, MINISTER OPPOSE FAMILY’S CASE

COPS, MINISTER OPPOSE FAMILY’S CASE
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BY MBONGISENI NDZIMANDZE  on 06/11/2020 08:22:00


MBABANE – The minister of Health and the national commissioner of police are
opposing the application filed by the family of the Tanzanian woman whose corpse
disappeared at the Tuberculosis (TB) Hospital at Moneni, Manzini.
In its application, which has been filed under a certificate of urgency, the
family wants the court to compel the Manzini Clinic Private Hospital and the
minister to produce the corpse of Gladness Kimiro Edje.
Alternatively, they want the duo to provide a detailed explanation, within five
days, regarding the admission and release of the corpse from their custody.
It is further one of their prayers that the national commissioner of police
should be compelled to provide a report, within five days, of the extent of the
Royal Eswatini Police Service investigations regarding the matter of the missing
corpse.
Through lawyers from the chamber of the attorney general, the minister and the
national commissioner of police yesterday filed their notice of intention to
oppose the application.
The duo is, however, still expected to file detailed papers outlining why they
are opposed to the granting of the order being sought by the family against
them. The matter will be heard today.  Manzini Clinic Private Hospital, which
has been cited as the first respondent in the matter, has so far not filed
anything indicating their position in the matter.
morgue
The corpse was brought to the morgue of the government health facility as it is
the only designated one for keeping bodies of people who have died due to
COVID-19 related complications.
Applicants in the matter are Ochenetsavbuko Todo Edje, Angelina Edje and Amanda
Edje.
The trio informed the court that the purpose of the application was to seek
comprehensive response and answers from the respondents (Manzini Clinic Private
Hospital, minister of Health, national commissioner of police and the attorney
general), on what transpired that led to the mysterious disappearance of the
corpse.
“Such disappearance has been clouded with mystery and controversy that has
left the family with more questions than answers. Hence the application to
compel the respondents to account for the roles thereto,” submitted the family
members.
Giving a background of the matter, they narrated that the Gladness started
exhibiting signs of sickness towards the end of July 2020.  According to the
applicants, she (Gladness) was admitted on or about August 1, 2020.
The family averred that on August 4, 2020 when they went to check on Gladness,
she looked fine as she seemed improving, but the doctor allegedly stated that
she was still in a critical state.
“On or about Wednesday, August 5, 2020, we got a call from the clinic that
Gladness had died.  The second applicant went to the clinic and indeed
positively identified Gladness wrapped in sheets. The family member who went
there was informed that she died of a COVID-19 case and that she was going to be
taken to the TB Hospital mortuary as per the COVID-19 regulations,” alleged
the applicants.
They informed the court that what was strange was that they were called almost
two hours after Gladness was certified dead.
restricted
The applicants further told the court that initially, the plan was to have the
deceased repatriated to be buried in her native country- Tanzania, but due to
COVID-19 regulations, movement was restricted and it became impossible to do so.
According to the applicants, further arrangements were then made to have
Gladness buried in the kingdom.
The family pointed out that she was to be buried at Ngwane Park Cemetery on
August 29, 2020 and the funeral arrangements were made, including buying the
casket and other things necessary for the funeral.
“To our shock and dismay the body of the deceased was not at the TB Hospital
morgue as there were only two male corpses there. As weird and devastating as it
is, no one is giving answers on what really transpired,” contended the family.
They submitted that the only document they had at their disposal was a write up
from the Ministry of Health acknowledging that indeed the deceased was kept at
the National TB Hospital mortuary.
The   family is represented by Human Rights Lawyer Sibusiso Magnificent
Nhlabatsi and the matter is still pending in court.