A Mutare-based private hospital is facing legal action for allegedly holding a 75-year-old woman against her will over an unpaid medical bill amounting to US$2,200. The High Court is now involved in the case.
Witness Mavambire has taken the matter to the High Court, filing an urgent chamber application to secure the release of his mother, Marita Manyore, from Exclusive Medcare Hospital. He contends that she is being unlawfully detained.
According to the court documents, Ms. Manyore was admitted to the hospital on February 10 for emergency medical care. Her son states that her doctor later confirmed she had recovered and was fit for discharge.
However, the hospital administration has reportedly refused to let her go until the family settles the outstanding medical expenses. The bill, which was initially US$1,070, has since escalated to US$2,200 during her continued stay.
Mavambire, represented by Peggy Tavagadza and Tatenda Sigauke from Zimbabwe Lawyers for Human Rights, informed the court that his efforts to negotiate a payment plan with the hospital were unsuccessful.
He initially offered to pay US$200 upfront, followed by monthly installments of US$500. With assistance from his siblings, he later managed to raise US$500, but the hospital allegedly rejected this offer as well.
The situation came to a head during a meeting with the hospital’s director on February 26. Mavambire claims the director was adamant that Ms. Manyore would not be released until the bill was paid in full.
He expressed his shock at the bill having increased to US$2,200 and accused the hospital of using his mother as a “human lien” to coerce payment.
Christopher Ndlovu, Mavambire’s lawyer, argued that the ongoing detention is illegal and that the daily accumulation of charges is making it increasingly difficult for the family to settle the debt.
“The unlawful detention is ongoing and the bills continue to accrue and get out of reach of the applicant each day his mother remains detained,” Ndlovu stated in an affidavit.
The legal application references Section 50(7) of the Constitution of Zimbabwe, which empowers the High Court to order the release of any individual believed to be unlawfully detained.
Mavambire asserts that his mother’s fundamental rights to liberty, freedom of movement, and dignity are being infringed upon.
“There is every indication that the continued detention is to induce payment and is in breach of her constitutional rights,” he submitted, highlighting that she is incurring additional costs at a facility where she is no longer receiving medical treatment.
While expressing gratitude for the care his mother received, Mavambire described the hospital’s current actions as a “gross injustice.”
“I commit to paying off the debt within a reasonable time,” he affirmed. “But the contractual obligations cannot support this violation to continue unabated.”
He further argued that the hospital would not be disadvantaged by releasing his mother, as it has legal avenues to recover the debt.
“They can still sue for the debt. They need not exercise a lien on a human being,” he stated.
The application emphasizes the urgency of the matter, asserting that it cannot wait for the standard court process and that the balance of convenience is in favor of her immediate release to uphold her constitutional rights.
The case is currently pending before the High Court.
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