13 Jun 2022

 Justice Abednego Tafa of Gaborone High Court has ordered the state to pay costs for the case in which Ms Lucia Mbonani sought medical records of his late son, Bongani Mbonani.

Justice Tafa was passing judgment in a matter that cited the attorney general, minister of health, director of health services, Princess Marina Hospital superintendent, Gaborone Private Hospital (GPH) manager as first to fifth respondents respectively. 

In his ruling, Justice Tafa ordered that the respondents pay the costs of the application jointly and severally, and that the one paying the others should be absolved.

He said although the state had filed the notice of intention to abide by the applicant request, the parties left issues of costs to be decided by the court. 

“The parties hereto are agreed that the awarding of costs is subject to the discretion of the court, which discretion ought to be exercised judiciously.”

Hence he said in exercising its discretion, the court must be guided by the principle that successful litigation was generally entitled to costs. 

He noted that the suit emanated from the respondent’s failure or refusal to hand over the deceased medical records.

Justice Tafa said the applicant’s attorney requested to be furnished with the deceased medical records in a letter written on March 11 and received the same day. 

He said proceedings were lunched on March 24, which was nine working days after the letter of demand, adding that the respondents filed their notice to abide on March 25, as such they did not waste time.

“They acted expeditiously taking into consideration the fact that the information required was not to be found in one place,” he said.

Among other things, the applicant wanted copies of all documentation in possession, custody and control of Princes Marina Hospital and GPH relating to, but not limited to the vaccination, investigation, assessment, hospitalisation and ultimate passing of Bongani.

Such included medical forms filled before vaccination, vital readings before vaccination, proof, and date of manufacturing and expiry of the administered vaccine as well as brain and pathology reports for all tests undertaken. 

Bongani died on March  17. ENDS