Court orders inmate to produce CD4 count

On Friday, Gift Mwale who demands to be released from jail so that he can fend for himself and get HIV drugs was ordered by the High Court in Gaborone to back up his case with proof of his eligibility for ARV by presenting the CD4 count. Justice Key Dingake instructed attorneys representing Mwale who is already on ARV treatment, to file supplementary papers with regard to his CD4 count. Dingake said that to determine whether or not to make an order that the inmate be enrolled on the life saving treatment pending the outcome of the main case, he should provide the crucial information.

“The matter was brought on urgency in respect that the applicant was providing his own treatment and that in a month it would be finished, and this is a constitutional matter that have side litigations that might delay it further. Therefore, there is need for a remedy that can be put in place pending the outcome of the case,” he said.